Law Society Conveyancing Protocol

Question 1

what is the Law Society Conveyancing Protocol?

Answer 1

protocol is a set of steps to take when acting in the sale or purchase of a home for an owner-occupier.

Question 2

when does the Law Society Conveyancing Protocol apply?

Answer 2

• applies in residential transactions of home for an owner-occupier (leasehold and freehold)
• not appropriate for new build homes or commercial transactions
• observance is VOLUNTARY except for conveyancers who have a CQS accreditation

Question 3

what is the purpose of the Law Society Conveyancing Protocol?

Answer 3

purpose = makes conveyancing process more efficient and transparent

Question 4

what do solicitors agree to when using the Law Society Conveyancing Protocol?

Answer 4

requires solicitors to comply with protocol terms and act within its spirit
+
solicitors agree to adopt the:
- standard conditions of sale (incorporated into contract)
- property forms
- formulae for exchange
- codes for completion by post

Question 5

what are the obligations of the buyer’s solicitor in relation to pre-contract enquiries under the Law Society Conveyancing Protocol? (4)

Answer 5

Buyer solicitor:

• only make enquiries that are essential to act in client’s best interest
• make enquiries of FACTS not opinions
• can only raise additional enquiries to clarify issues arising from replies or documents, and not on the state or condition of the property unless it arises from search results, standard replies to enquiries, inspection or a surveyor’s report
• tell seller solicitor if buyer is not making searches after receiving the draft contract, the reason for this delay, and the likely time that searches will take place (transparency - otherwise seller would assume that buyer is making searches otherwise would be annoyed about the delay)

Question 6

what are the obligations of the seller’s solicitor in relation to pre-contract enquiries under the Law Society Conveyancing Protocol? (2)

Answer 6

seller solicitor:
- should confirm and update replies to inquiries (max 2 months old)
- does not have to deal with enquiries that do not comply with the Protocol

Question 7

when can a solicitor risk breach the protocol?

Answer 7

a solicitor can breach protocol if they:
- use standard additional enquiries indiscriminately, or
- raise enquiries that seek the seller’s opinion rather than fact

Question 8

what are the consequences of breaching the Law Society Conveyancing Protocol?

Answer 8

law society may require an explanation potentially leading to them being monitored and removed from membership