The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Conveyancing

Replies to enquiries – accuracy

An inaccurate reply to pre-contract enquiries will amount to a misrepresentation. In the right circumstances that could entitle the buyer to terminate the contract, and also recover damages for deceit.
Subscribers only...
 

Bankruptcy search – pre-completion?

An article from Hardwicke Chambers argues that ‘a reasonably competent conveyancing solicitor’ should be doing a bankruptcy search against the seller prior to              completion.
Subscribers only...
 

H and W – one authorised to sign?

Suppose H signs a purchase contract on behalf of himself and W, but does not have W’s authority to do so. Is there a binding contract?

The starting point is Suleman [1988] which involved a sale by joint owners H and W. W had given the solicitor authority to both sign and exchange on behalf of herself and H. However, W did not have H’s authority to exchange. The court decided that authority from both sellers was needed to validly exchange, and accordingly there was no binding contract (and the buyer’s claim for specific performance failed).

Subscribers only...
 

Boundaries – FTT powers

Does the First-Tier Tribunal have jurisdiction to resolve boundary disputes? There have recently been two conflicting Upper Tribunal decisions on this point:

Subscribers only...
 

Law firm ID – online checks

Many firms use the online Law Society database to check on the ID of the other side. But, what happens if the Law Society database is inaccurate?
Subscribers only...
 

Caveat emptor – consumer transactions

The Consumer Protection from Unfair Trading Regs 2008 have been in force for almost eight years. But, they have only applied to real estate since October 2014. For conveyancers, the important point to note is that these Consumer Protection Regs undermine the principle ofcaveat emptor (‘let the buyer beware’). Traditionally, this meant that a seller did not have to disclose adverse information (subject to an exception for latent defects in title, or a contract induced by fraud).
Subscribers only...
 

Fraud – both sides liable!

This is a case that will make every conveyancer sit up and take notice. The case involved ID fraud (ie a fraudster selling someone else’s property to an innocent buyer), with the end result that both sets of lawyers – the buyer’s and the seller’s – were 50/50 liable, even though neither had been dishonest or involved in the fraud.
Subscribers only...
 

CPSE.4 and .6 – new versions

There are new versions of the Commercial Properties Standard Enquiries Forms 4 (supplementary enquiries for commercial leasehold property on assignment) and 6 (supplementary enquiries for properties subject to residential tenancies).
Subscribers only...
 

Conveyancing – not price-dependent

A recent survey shows that the ‘price’ of conveyancing has almost completely stopped being a determining factor when a buyer chooses which conveyancer to use. Apparently, only 11% of buyers choose the cheapest fee quote (down from 20% in 2013). 
Subscribers only...
 

Conveyancing – mortgage abuse

Recently, there has been much focus on identity fraud and cyberfraud. But, it should not be forgotten that practitioners need to also look for more traditional types of fraud – especially those involving lenders. For instance, buy-to-let fraud is still a problem. 
Subscribers only...
 


Page 8 of 46

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

IAG International
MSI Global Alliance
Join the IBA now!
www.totallylegal.com
In House Lawyer