Your top residential conveyancing questions answered
To help answer your day-to-day conveyancing queries, our Practice Advice Service have put together some useful answers for six of their most frequently asked questions relating to residential conveyancing transactions.
Download the top residential conveyancing questions and answers (PDF 859kb)
The top six questions are:
1. I am acting for the buyer in a residential conveyancing matter and the contracts have not yet been exchanged. As the seller’s solicitors are not based in the same locality as my firm, can I insist that they complete by post and adopt the Law Society Code for Completion by Post 2011?
2. I am acting on the purchase of a residential property and the seller has instructed a notary public. May I accept an undertaking to discharge the mortgage on the seller’s property from a notary public?
3. I am acting for a buyer of residential property and the seller has responded to some of the TA6 questions by stating “Not as far as the seller is aware.” If I rely on this response, what could the implications be?
4. I am acting for a buyer in a conveyancing transaction. Can I rely on the searches provided by the seller?
5. I am a newly qualified solicitor. My firm is acting for an unmarried couple who are purchasing a property in their joint names as tenants in common. Is it advisable to specifically agree each party’s share in the property to avoid future disputes?
6. In light of the Dreamvar case what can I do to safeguard transactions?