A new guidance document outlining recommendations on what might constitute unnecessary enquiries has been published; with its authors keen to point out the content is a first version and it is open to further refinement and comment.
Guidance for Raising Appropriate Conveyancing Enquiries, or GRACE for short, has been pulled together by Vicki Redman of Swiitch (working with other conveyancers from other firms) and the Bold Legal Group in response to what is described as ‘wholly inappropriate’ enquiries.
“One of the most annoying things that can happen to a conveyancer when acting for a property seller is that they receive enquiries that are not relevant or needed. These enquiries delay the home selling process, annoy clients and of course when arguments ensue between the respective conveyancers, confuses estate agents.”
said Bold Legal Group CEO Rob Hailstone. At the Bold Legal Group conveyancing conference last week, one delegate said they had received 99 additional enquiries a practice which is ‘not uncommon and needs to stop.’
Both Redman and Hailstone point to the reported 15% reduction in the number of conveyancers in England and Wales, whilst transaction numbers and demand are on the rise.
“This means more new staff coming in, and with qualified experienced staff either starting up their own firms, joining a consultancy model, or working at home, the old ways of learning just don’t exist in the way they used to.”
says Redman.
“In an ideal world, there would be no need for a document like this. But we’ve seen a huge increase in numbers of inappropriate enquiries (or even enquiries raised by AI) and it’s one of the areas of conveyancing often most complained about by conveyancers online. The idea (behind GRACE) was to create some guidance that was written by practicing conveyancers, and wasn’t affiliated either to The Law Society/CQS or the CLC and could be shared free, with feedback from people on the front line.”
Redman also revealed around 35 firms/conveyancers from large, high street and sole practitioners contributed to the document which was also shared with some of the biggest industry stakeholders and groups.
GRACE is a guidance document designed to act as a resource in determining whether or not an enquiry is appropriate; raising awareness of the issues and establishing best practice. The document is split into two sections;
- Category A enquiries are those that should not be raised on any standard residential conveyancing transaction, where the Law Society Conveyancing Protocol and/or the Conveyancing Association Technical Protocol is being used.
- Category B enquiries are those that should be avoided on most standard residential conveyancing transactions, where the Law Society Conveyancing Protocol and/or the Conveyancing Association Technical Protocol is being used.
Examples provided in Category A include enquiries relating to identity, charges and property condition. The guidance not only uses real life enquiries raised by conveyancers, but identifies the relevant regulation that may already make a requirement of the enquiry, or suggests where the information could be located for retrieval. For example
Please confirm you have carried out the appropriate ID checks for the Seller and satisfied yourselves that you are instructed by the registered Proprietor – a requirement covered under the CQS Protocol (verify the Identity of the Seller (Step 3)) and for CLC firms using the Conveyancing Association ‘Conveyancers Code for Completion,’ which includes similar obligations.
Please confirm where the Seller removes any fittings or fixtures that they will make good any damage caused – This is a duplicate of a question in TA10.
Has the Seller experienced any problems with damp, subsidence, heave, structural movement or cracks, structural defects, contamination, drainage problems, fungoid or insect infestation, low water pressure, animal infestation including nesting birds and small animals (eg rats/mice)? – Enquiries relating to the state or condition of repair/maintenance of property are non-CQS compliant and rebut the ‘caveat emptor’ principle. They should not be raised, and not answered on a sale. It is the Buyers responsibility to identify these issues by having their own survey carried out and any relevant searches, and therefore these types of enquiry should not be raised even if you are following it up after something is revealed in your search. Conveyancers may want to remind clients to instruct a surveyor or other relevant expert, and arrange an inspection/survey at their own cost prior to exchange
Category B enquiries are those that should be avoided on a standard residential conveyancing transaction, where the Law Society Conveyancing Protocol is being
used as they will often be covered by the TA protocol forms and/or in the Standard Conditions of Sale. Example include
Please advise as to all building works done since the property was constructed. – Not CQS compliant and this question was specifically mentioned as unnecessary in the Law Society CQS Training Update 2022 course. Building Works are referred to in TA6, and of course many sellers may not have information about works done by previous owners (especially in older properties) so you are likely to receive a not known response. Please also consider Conveyancing Association Technical Protocol 4.0
Please provide EPC for the property – Please obtain the latest up to date EPC online at Find an energy certificate – GOV.UK (www.gov.uk). Here is no obligation on a seller to update the EPC if works have been carried out. This is public information so there is no need to raise an enquiry which can actually take longer. This was also referred specifically as an “inappropriate enquiry” by the Law Society in their CQS Training Update 2024 course. Conveyancing Association Technical Protocol does not require an EPC to be supplied by a Sellers’ Conveyancer.
An addendum and useful links page is included which points conveyancer in the direction of online resources including the Listed Building Registers in England and Wales, Gas Safety Records, FENSA Database, High-rise Building Register.
GRACE’s authors are welcoming constructive comments on the contents of GRACE, with the support of other legal groups and organisations sought over the coming months. Concludes Redman
“I encourage everyone who has the time, and is a front line conveyancer, to get in touch and help shape it to be a useful tool to junior conveyancers, paralegals, those coming back after a career break, those who dabble in conveyancing, or anyone who just wants to sense-check what they have been told. I’d love to have more conveyancers involved, and I think it’s great that people are so passionate about their jobs, the profession, and the industry in general that they want to get involved.”
To provide your thoughts please contact rh@boldgroup.co.uk.
One Response
Purely a tool for the lowest common denominator of tick box conveyancers. There is no substitute for experience expertise and training. The people behind all these so called tools and guidance should remember that – if you invest in good staff everything else is unnecessary.