When you use the protocol, you agree to use the most up-to-date version of the:
and accompanying guidance published by the Law Society or such approved equivalent publications as may be notified by the Law Society through periodic updates made on the website. Take care to check the website regularly.
Standard Conditions of Sale
Not all the standard conditions will be appropriate for use in every transaction. When deciding if they should apply:
- use your knowledge and professional judgement to act in your client’s best interests
- only make amendments that are essential to fit the circumstances
You should not make routine amendments of the standard conditions.
Code for Completion by Post
The code automatically applies when you use the protocol.
Any variation to the code must be in writing. You should only vary the code if your client instructs you to. Any amendments should be specific to the transaction’s needs.
If you’re acting for the buyer and the seller’s solicitor has not completed the forms, you can make additional enquiries that are relevant to and necessary for the transaction.
You should only make enquiries that are essential to help you to act in your client’s best interests. These should be balanced with your firm's decision to follow the protocol.
You could breach the protocol if you make:
- indiscriminate use of ‘standard’ additional enquiries
- enquiries seeking the seller’s opinion rather than fact
The seller's solicitor does not have to deal with any enquiries that are in breach of the protocol.