CONVEYANCING
The quesTion of qualiTy Even at budget prices, certain quality standards will be legally required of any conveyancing service and consumers will have their own expectations. The Law Society has produced a Quality Conveyancing Standard which will assure consumers as to the service and practice management standards they can expect of firms bearing the marque. This is a new scheme and many solicitors firms, including my own, are embarking on the accreditation process. The Standard will establish a level of credibility and offer a benchmark when comparing rival services. While the accuracy and legitimacy of the conveyancing service
can be strictly legislated, the quality of customer experience is far more difficult to govern. Good conveyancing solicitors set client expectations up front, maintain regular dialogue and update them on problems emerging and milestones passed. This aspect of the service will be a likely victim when low-cost models are put in place. Moving house is a stressful event and the degree of reassurance and support offered by solicitors can set them apart from their competitors. Highly automated, transaction-based budget conveyancing will be hard pressed to deliver this most human aspect of the service. For consumers wanting more than just a cut-price deal, the ideal
Cheap and accessible to all – the new plan for legal services
The need for speed Speed is an issue which has long dogged the conveyancing process and is the greatest cause of exasperation among clients. However, the ill-fated HIPs experiment did show that intrinsic delays in the process cannot be overcome easily. Great strides in speeding up conveyancing have been achieved in recent years, particularly with online search facilities which sometimes see local search results turned around in less than 24 hours. The conveyancing process comprises a number of set steps from
the submission of draft contracts and deduction of title at the outset to completion and registration of the transfer deed at the Land Registry at the conclusion. Too often, however, hold-ups are outside the solicitor’s control
– the underwriting of mortgage offers and the personal agendas of sellers and purchasers to name but two. A low-cost model will require a fairly inflexible procedure with
tight turnaround targets. However, all properties are different, as are the parties involved. Their personal requirements and the peculiarities of each transaction are unique. I encounter unexpected or rarely experienced problems in almost every transaction I deal with, which inevitably threaten to delay the process. There are huge differences between urban estates and rural properties, between registered and unregistered property, between freehold and leasehold. The patience and expertise of the qualified solicitor together with his personal knowledge of the area and the players involved is often crucial in steering a path through the process in an imaginative and pragmatic way to get the deal done as soon as possible at a fair cost to the consumer.
scenario may well be greater collaboration between agents, surveyors and conveyancers in future, to deliver a 360 degree service that keeps clients fully informed throughout the process. Clients value agents’ personal recommendations when choosing a solicitor and these relationships can be invaluable when problems arise, to keep the deal on track. Cut-price conveyancers would struggle to form such personal collaborations with agents, although some may seek to establish strategic partnerships to guarantee volume, pushing quality issues into the spotlight.
Weighing up The opTions How then should a consumer choose between conveyancing providers? A two-tier split in the industry seems inevitable, with legally qualified solicitors offering a higher cost, higher quality service at a premium and low-cost entrants offering a basic, highly automated service on a budget. Benefits of ‘Tesco Law’ conveyancing are likely to include highly
competitive prices, standardised fee structures and the possible bundling of other legal services such as wills, probate and lasting powers of attorney; plus adequate competence in straight-forward transactions. The reassurance of familiar brand names will also be an important draw for those who find the legal sector intimidating or impenetrable. The drawbacks will surely be a lack of personal support, a lack of
local knowledge and expertise plus the risk that non-legally trained caseworkers may not be able to deal with complex problems, resulting in greater costs and delays being incurred overall. The sale and purchase of real estate is a defining moment in
many people’s lives. Come October, consumers faced with a choice may ultimately decide that it warrants the skilled handling of an experienced conveyancing solicitor, and is not merely an off-the- shelf product that can be tossed into the trolley like a tin of beans.
Graham Dorman is a partner at Knights Solicitors in Tunbridge Wells and has over 25 years’ experience in conveyancing and non-contentious property law. Visit
www.knights-solicitors.co.uk or call 01892 537311.
www.propertydrum.com/articles/conveyancingtescolaw This feature is online too. Log on and add your comments.
PROPERTYdrum MARCH 2011 41
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