Q I am acting for the buyer of a shop.
My client is financing the purchase with a loan but the lender will be instructing another firm.
I am told that the lender's solicitors will ask me to give a certificate of title.
I know I can do this as long as the content does not put me in breach of practice rule 6(3)(c).
Is there an approved certificate I can use?
A Yes.
Practice rule 6(3)(f)(ii) enables the Law Society to recognise certificates of title for use where the lender and borrower are separately represented on a mortgage of property which will not be the borrower's private residence.
The Law Society has recently accorded recognition to the 5th edition of the certificate of title of the land law sub-committee of the City of London Law Society and the second edition of its short form report on title.
These documents can be found on on-line at www.citysolicitors.org.uk.
There is a link to this site from the Law Society's Web site at www.
lawsociety.org.uk: click on 'view all specialisms' and then on 'commercial'.
Telephone hotline
The professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm.
The lines are less busy in the afternoon.
It takes emergency calls outside these hours, tel: 0870 606 2577.
Question of ethics is compiled by the Law Society's professional ethics guidance team.
Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222
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