Where is all of this going?
Hamish McLay
Specialists at relieving stress from property transactions - whether timing or cost, we make the difference!
Some might argue differently; however, in repeated articles and comments regarding the function of what the conveyancer must do, it becomes more apparent that the conveyancer carries out the most complex work.
Within the whole process of buying and selling properties, there are many, all of whom have their part to play and all of whom the process requires. To date, I have not yet experienced a property lawyer telling a mortgage broker how to elicit the best possible deal for his client, nor have I yet experienced a property lawyer advising an estate agent on the best way to go about selling properties.
For some of our work, carrying out research on data held by Councils and HM Land Registry, I haven't yet met a solicitor who has advised me or any of my team on how best to research this data.
I've worked with surveyors over time, and so far, I haven't found a property lawyer telling any of them how to carry out a survey. In fact, I don't seem to recall any property lawyer or group of property lawyers advising other people how to do their tasks within conveyancing.
I've met many a property lawyer who has asked for support from surveyors, estate agents, search providers, and the Land Registry too. Now, to my knowledge, it is the conveyancer, with their expertise in property law, who should be advising and finding any risks that their client could experience from buying the property or land.
How is it that we have a present situation full of potholes and potential minefields and that there is so much advice being bandied about as to how solicitors should carry out the risk assessment for which they are responsible?
Have we not reached a point when all the stakeholders should turn around and ask those experienced in property law and inherent risks for their opinion on how best to tackle some of the challenges?
Within the whole world of conveyancing, there is undeniably a mountain of experienced conveyancers and property lawyers who can steer their way through the process. They call upon experts on a timely basis, obtain data from the best sources, and communicate effectively with other professionals involved in the process when necessary.
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It is time to recognise and celebrate the effective contribution that property lawyers have made over time and continue to make in helping and guiding so many people through their conveyancing journey.
Throughout conveyancing, there are many true professionals. Maybe we should celebrate the work that all of them do and encourage the professionals from the different disciplines to speak with each other. Would this not be a better route than relying on stakeholders who are not party to property law to advise the clear experts?
It is finally time for those who want to provide services to the Conveyancer or Property Lawyer to ask how the support they can provide could be more effective. Stakeholders should be asking and not dictating. There is a distinct lack of commentary on those resolving the issues of risk for buyers. At the same time, there is a barrage of advice being given to qualified practitioners through unqualified opinions. ?
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An opportunity to listen to an adult discussion on property matters comes up on Thursday at 10am. Our regular Property Quorum brings as a guest the founder of @FirstTimeBuyersClub.uk
?The topic being discussed “Common Homebuying Mistakes First (second) Time Buyers Can Avoid”, will be joined by Wendy Gibson , an expert in the property world, along with our regular team. Chris Gilsenan , our property investor from Root Home , alongside our legal contributor Juliet Baboolal LLB (hons), LLM construction from gunnercooke . Chaired by the inimitable Gareth Wax , wearing one of his Many Purple Hats Ltd
Come join us and even join in. Can’t make it, just watch the recording on LinkedIn
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8 个月Hang on ..haven't we been here before????