Webinars produced by the Law Society as part of their consultation into proposed amends to the TA6 Property Protocol form have been made available to review on demand.
‘Understanding the TA6 form and digital developments in residential conveyancing’ have been published as part of Property Week (14 to 18 October) and sought to cover topics raised by members as part of concerned about the fifth edition of the TA6. The Law Society confirmed in the Summer it would review the forms and in the interim both the fourth edition, and the fifth edition would be acceptable under CQS protocol until 15th January 2025.
At this week’s Law Society Property Conference it was confirmed the focus groups and activity on the consultation had largely concluded with a workshop the final activity in October.
In a session at the conference dedicated to the TA6, a panel including practicing conveyancers discussed the current challenges associated with the updated TA6. Head of Residential Conveyancing at Yorkshire based Lupton Fawcett Sarah Sargent said her firm had adopted the updated form with no issues.
“People are criticising the new forms without using them and we’re not experiencing any problems. Clients are filling them in and they’re well completed.
“We understand clients are allowed to get things wrong. We need to foster a better understanding of what the forms are for.”
Her message to the sector was try it… there’s nothing to be fearful of.
In guidance produced by the National Trading Standards Estate and Letting Agency (NTSELAT) home movers should be advised to instruct their solicitor on the day they list of property. The panel said better informed buyers and sellers reduce fall throughs and strengthen chains.
Kate Faulkner, chair of the home buying and selling council acknowledged intervention by government was needed to help with mandating the material information requirements on estate agents. She was also unequivocal in her position on the regulation of estate agents (RoPA) which, as far as she is concerned, is a must in order to improve the home buying and selling process. Consumer, she added, are understandably confused about roles and expectations when each contributor to the transaction has a different message for home movers. Consistency of message is key, a sentiment supported by InfoTrack Chief Operating Officer Sam Jordan who added firms should update client care letters to reinforce the message about the importance of accuracy of the data in the forms.
One of the concerns raised by some around the consultation is the Law Society’s commitment to reviewing the protocol forms. In a robust response, Executive Director of The Law Society Louise Hanson said the appointment of a highly regarded external body to conduct the consultation was evidence of The Law Society’s commitment to it; adding over 900 members had taken part int he consultation from the nearly 1200 that registered.
It is expected the Law Society will provide an update in early November once the initial phase of work is completed by the end of October.
Law Society Webinars
Webinar 1: Understanding the TA6 – the legal position
This webinar explores the changes introduced in the TA6 form (5th edition, 2024) and will provide you with a clearer understanding of the effect of the changes on the legal position of sellers, buyers, solicitors and licensed conveyancers.
Topics covered
- Obligations and liabilities for sellers and solicitors
- Contractual liability and clause 6 of the Standard Conditions of Sale
- Misrepresentation: innocent, fraudulent and negligent
- The current status of ‘caveat emptor’
- The scope for criminal offences
- The relevance of the SRA Code of Conduct
Speakers
- Jonathan Kirk KC, Gough Square Chambers
- Rupert Cohen, Landmark Chambers
- Chaired by Shaniah Bart, head of legal at the Law Society
Webinar 2: Digital developments in residential conveyancing
This webinar explores how digital developments are impacting different parts of residential conveyancing practice. It reviews what change has already happened and what’s coming next.
Topics covered
- Digitisation in HM Land Registry
- Digital identity verification in property transactions
- Electronic signatures, digital identity verification and HM Land Registry’s digital identity standard
- How digital data and processes can improve the conveyancing process
Developments in conveyancing forms
Speakers
- Michael Harlow, deputy chief executive and director of customer and strategy at HM Land Registry
- Hannah Rutter, deputy director – digital identity at the Department of Science, Innovation and Technology
- Abbie Purslow, land registrar at HM Land Registry
- Robert Stevens, head of property risk at Nationwide
- Alec Welland, operational director – commercial and partnerships at the Law Society
- Louise Hanson, executive director – membership and external affairs at the Law Society (chair)
The webinars can be watched online on the Law Society website:
