Legal system stuck in backwardness

by Readers Question

11:04 AM, 22nd February 2016
About 3 years ago

Legal system stuck in backwardness

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Legal system stuck in backwardness

I have spoken to friends and others from the UK about buying homes and you don’t use a lawyer to search titles. I’m from Canada and it is a must. backwardsness

I am shocked at some of the things we take for granted you don’t insert in your offers eg. Possession date is unheard of. My cousin bought a house a few weeks ago in England, and he is asking the lawyer for the possession date, after I queried him about it. That was a month ago. No answer up to now. What kind of kakamania system you have there?

I ask if he insert any conditions, he replied “what for”?

I am thankful for a system where titles are searched before closing of your transaction; where conditions are inserted to protect both the buyers and the sellers and where lawyers are there to look after your welfare.

Norman



Comments

Ashley Wong

12:43 PM, 22nd February 2016
About 3 years ago

Hi Norman

I am unsure why you had been told that in the UK the buyers' lawyers do not investigate title. The buyers' lawyers do investigate the title to ensure that the seller is able to transfer what he has contracted to sell and secondly to identify whether there are any defects in, or problems raised by the title which could adversely affect the interests of the buyer. Any matters which are unclear or unsatisfactory are raised as queries with the seller prior to exchange.

Similarly where the same solicitor is acting for both the buyer and his lender in a transaction, investigation is carried out only once but will be done on behalf of both the borrower and lender client, taking into account the particular interests of each. However if the lender is separately represented, the solicitor acting for the lender may undertake his own investigation of title.

With the possession date, it is something to be agreed between the buyer and seller and communicated to their respective lawyers. The lawyers then faciliate the clients' requests.

Conditions are negotiated between the buyer and seller and do get inserted into the contract to protect the clients' interest. This can be carried out either at the request of the client or the solicitor's initiative.

The Solicitor Regulation Authority Principles (SRA) apply to all those which the SRA regulates and to all aspects of practice. SRA Principle 4 requires the solicitors to act in the best interest of each client, Principle 5 provide a proper standard of service to your clients, Principle 6 behave in a way that maintained the trust the public places in you and in the provision of legal services.

Hope this clarifies.

Ashley

David Price

14:27 PM, 22nd February 2016
About 3 years ago

I ask if he insert any conditions, he replied “what for”?

Lawyers use a standard set of conditions so there is usually no need to insert [add to] any conditions.

As to the possession date, presumably the date of completion, it much depends on the seller, the buyer, the local authority searches and the mortgage company, not the lawyer.


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