My client’s deeds have been lost in the post. Who’s responsible for the replacement?
I act for a buyer in a conveyancing transaction. The seller’s solicitor claims the deeds they posted have been lost in transit. We agreed to use the Code for Completion by Post. Who is responsible for the cost of replacement deeds?
The buyer’s solicitor is responsible for the cost of the replacement deeds.
Under paragraph 13(iii) of the Code for Completion by Post 2019, the seller’s solicitor undertakes to send the deeds by first-class post or document exchange to the buyer’s solicitor:
- as soon as possible after completion
- in any event, by the end of the working day following completion
This is done at the risk of the buyer’s solicitor.
For more information, see our Conveyancing Handbook (29th edition), which is available to purchase from our online bookshop.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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