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The current Land Registry requirement when acting for a buyer in respect of the Seller's identity is set out below. The real question is what are you supposed to do as a BUYER'S solicitor to prevent (1) fraud by the rogue SELLER and (2) a claim against your firm.

This is difficult.

Me to Seller's solicitor: Have you ID'd your client?
Seller's solicitor: Yes, he seems "legit" but I don't give a warranty as to their identity
Me to my client: It's probably OK but the seller's solicitor won't absolutely guarantee that their client is genuine. Do you wish to proceed? It's your risk at the end of the day, I'm just covering myself and discharging my duty of care, is that OK with you?
Client: Not really but what choice do I have? If only the government would set up a Residential Conveyancing Identity Fraud Scheme with some of this SDLT I'm paying!!
Me: Great idea!

Do we have to play out this charade in every conveyancing file and get our client to sign a waiver?!

Here's the (not) extensive LR requirement on registration by a conveyancer:


Where the application is sent to Land Registry by a conveyancer, confirmation of identity involves the conveyancer providing details of a conveyancer (sometimes themselves) who represented the person in respect of which confirmation of identity is required (by completing panels 13(1) of form AP1, 9(1) of form DS2 or 15(1) of form FR1).

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