Hayley Bruce and Katherine Thorpe review case law relating to residential property fraud The courts highlighted that conveyancing is a risky area and each matter is based on a risk assessment. It is not usual practice for the buyers’ solicitors to repeat due diligence that should have been undertaken by the seller’s solicitors. A recent …
Continue reading "Conveyancing: Fraud revisited"
This post is only available to members.
Alison Taylor examines recent changes in the law which all conveyancers should be aware of ‘If there is a long delay between the replies to pre-contract enquiries being given and proposed exchange of contracts, it may be prudent for the buyer to seek formal confirmation that the original replies remain accurate before exchange.’ The intention …
Continue reading "Conveyancing: Tricks of the trade"
This post is only available to members.
Jonathan Williams explains why putting a stop to gazumping will not prevent bad buyer and seller behaviour ‘The real issue when purchasing and selling a home is not the cost of legal fees when sales fall through, but the current shortage of housing and people‘s general lack of understanding of how the conveyancing system works.‘ …
Continue reading "Conveyancing: Education and preparation are key"
This post is only available to members.
In Dreamvar the purchaser’s solicitor was found liable for fraud by the ‘vendor’. Timothy Polli argues the logic of the decision ‘The effect of the decision is that the integrity of the conveyancing process (prior to registration of title) is underwritten by the conveyancing profession.’The case of Dreamvar (UK) Ltd v Mishcon de Reya [2016] …
Continue reading "Conveyancing: A nightmare scenario?"
This post is only available to members.
Caroline Green and David Harris discuss the effectiveness of non-reliance clauses and the liability of trustees when a contract is disputed ‘The case shows both the care needed generally when giving replies to pre-contract enquiries and the importance of not saying more than is absolutely necessary.’The case of First Tower Trustees Ltd v CDS (Superstores …
Continue reading "Conveyancing: Keep it under review"
This post is only available to members.
Hardy v Griffiths has lessons for what happens when a buyer fails to complete, as John de Waal QC and Katrina Mather find out ‘The case is a useful reminder of the principles that apply when a buyer who has exchanged contracts changes their mind and decides not to proceed’. William Griffiths QC is a …
Continue reading "Conveyancing: Buyer beware"
This post is only available to members.
Property fraud is on the up, and recent cases highlight the importance of vigilance by solicitors, especially when dealing with vulnerable clients. Jayne Elkins and Karen McGinley investigate ‘Generally, there is less risk of fraud with registered land than with unregistered property, as although the registers are open, there are various steps a registered proprietor …
Continue reading "Conveyancing: How to tackle property fraud"
This post is only available to members.
Wills & Trusts Law Reports | June 2014 #140Abbey National Building Society (now Santander UK PLC) (A) agreed to lend £150,000 to an individual (V) for the purpose of purchasing a property subject to taking a first legal charge. RA Legal Solicitors (R) conducted the conveyancing, acting for both V and A. The vendor’s solicitors (S) were a real firm but acted dishonestly, falsely representing that they acted for the vendor. On 17 July 2009 A transferred £150,000 (plus fees) to RA’s bank account. S notified an account to which the completion monies should be sent and on 28 July 2009 S purported to exchange and complete and RA arrang...
Wills & Trusts Law Reports | April 2014 #138Abbey National Building Society (now Santander UK PLC) (A) agreed to lend £150,000 to an individual (V) for the purpose of purchasing a property subject to taking a first legal charge. RA Legal Solicitors (R) conducted the conveyancing, acting for both V and A. The vendor’s solicitors (S) were a real firm but acted dishonestly falsely representing that they acted for the vendor. On 17 July 2009 A transferred £150,000 (plus fees) to RA’s bank account. S notified an account to which the completion monies should be sent and on 28 July 2009 S purported to exchange and complete and RA arrange...
Heath Marshall reviews a case where oral terms were agreed as consideration for entering into the main contract, and arguments arose as to their validity ‘The principle therefore to be derived from North Eastern Properties is that s2 does not prevent parties to a composite transaction from separating the land contract from the rest of …
Continue reading "Conveyancing: The validity of collateral contracts and warranties"
This post is only available to members.
