Law Society Conveyancing Protocol

Question 1

What kind of transactions does the Law Society Conveyancing Protocol apply to?

Answer 1

Residential conveyancing transactions involving the sale or purchase of a home by an owner-occupier. It is not appropriate for new build homes.

Question 2

Is the Conveyancing Protocol mandatory?

Answer 2

No, it is voluntary for most firms, but mandatory for members of the Law Society’s Conveyancing Quality Scheme (CQS).

Question 3

Who can use the Conveyancing Protocol?

Answer 3

Any solicitor or licensed conveyancer. However, those in the CQS must adopt it and undergo specific training.

Question 4

What does Step 14 of the Protocol say about search delays?

Answer 4

If searches are delayed, the buyer’s solicitor must inform the seller’s conveyancer with reasons and expected timing.

Question 5

What is the Protocol’s position on raising enquiries?

Answer 5

Only essential enquiries should be raised that are necessary to act in the client’s best interests. Enquiries should relate to facts, not opinions.

Question 6

When must replies to enquiries be updated by the seller’s solicitor?

Answer 6

If replies were completed more than two months earlier, they should be confirmed or updated.

Question 7

What happens if a solicitor raises non-compliant or excessive enquiries?

Answer 7

It may constitute a breach of the Protocol, and the seller’s solicitor is not required to respond to those enquiries.

Question 8

What are examples of breaches of the Protocol?

Answer 8

Using non-Protocol “standard” enquiries indiscriminately, or asking for the seller’s opinion rather than factual information.

Question 9

What are the consequences of breaching the Protocol for CQS members?

Answer 9

The Law Society may request an explanation and can impose monitoring or even removal from the Conveyancing Quality Scheme.