Property ladder
A recent editorial implied that property lawyers should consider moving into property selling (see [2002] Gazette, 11 April, 16) - an opinion that I have held for many years.The possible introduction of sellers' packs reinforces my views.
Why should a potential seller go to an estate agent first to formulate the pack when the bulk of the pack will be comprised of legal information?Sellers should be educated to realise that going to a lawyer first would be a better option.
Just think of the control we would have if, for once, the public came to consult us before engaging an estate agent.
Most of us have to rely on estate agents' recommendations for much of our work.
It would make a refreshing change for us to be able to recommend an estate agent on a regular basis.
However, before we embark on that journey - and to survive in this world with any credibility, we must - we need to put our own house in order.
At the moment, many property lawyers work differently - what one lawyer wants and requests, another may not.
We do not use a standard form of contract.
Some lawyers will reply to the sellers' property information part 11, some will not.
Some will raise and reply to additional enquiries, some will not.
Many interpret the Council of Mortgage Lenders' requirements differently.I could go on, but the bottom line is that there is no certainty or consistency for the client.
That leads to a lack of confidence in the profession.
It should not be too difficult to establish some hard and fast guidelines that we are all prepared to work too.
I would like to set up an action group to take these matters forward.
If anyone is interested, please contact me.
Apathy will not get us anywhere.Robert Hailstone, residential conveyancing manager, Mann Jenkins Solicitors, Bovey Tracey, Torquay
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