I have never agreed with those who refuse to answer part II of the seller's property information form, but I am having second thoughts after reading the article 'Smooth operators can build trust' (see [2004] Gazette, 28 October, 38).


The difficulty is in the fourth paragraph. I have no problem with the requirement to check the deeds carefully (and I do not use the all-purpose sale contract designed to cover every eventuality without needing to read the deeds). Similarly, there should be no problem in reading the file, which at that stage should be slender indeed. The problem is in reading 'any other relevant file the firm may have'.


This means that if my firm acted on the purchase of the property or on a remortgage, then I must retrieve that file and study it before signing part II.


That exercise is unlikely to take less than an hour and the cost of that time is not covered by the fees we charge on a sale. If there is going to be a rule of practice that this work must always be done, conveyancing fees on sales must increase by £150 or £200. Is that realistic?



Andrew Melling, Lionel J Lewis & Co, London