4th December 2018

Terms and Conditions

Fees and Expenses

All our work is carried out on a fixed fee basis and the details of the quotation for your individual transaction are included in our accompanying letter. The amount of fees and disbursements will only be varied in the following specific circumstances:

  • If you fail to complete after exchange of contracts an additional charge will be made dependant on the amount of additional work involved.
  • If you fail to provide full or correct information on tenure and-or Lender details at time of instruction.
  • In the event of your matter requiring additional work to that of a standard transaction. Under these circumstances we will notify you in advance of the amount of any additional cost and will not proceed until we have your approval to do so.
  • Government determines Land Registry fees and stamp duty and these, together with the cost of local authority and other searches are subject to change. These items will be charged at the rates in force at the time of the search, registration or completion.
  • VAT will be charged at the rate in force at the time of completion.
  • All money transfers will be subject to a charge, as detailed in our Illustration of Fees.
  • Where you are selling a property which is subject to a mortgage and/or a secured loan, we will redeem the amount(s) owing by money transfer.
  • Any Stamp Duty Land Tax payable will be settled via money transfer direct to HM Revenue & Customs.

If the property you are buying is leasehold you will be responsible for the payment of Ground Rent and Service Charges on the property during your ownership. We will provide you with as much information as we can with regard to the service charge. Estimates for services charges for the future are usually based on previous accounts and should not be taken as definitive indication of future service charge costs. If you have any further enquiries in this regard, you should make enquiries directly with the management company. Where you were introduced to us by a third party we may pay a referral fee from our legal fees.

Funds

You will be provided with a completion statement showing the balance, either due to yourself after completion or, the balance required from you for completion. Any and all sums shown as due on the completion statement must arrive at this office at least FIVE WORKING DAYS PRIOR TO COMPLETION to allow for clearance into our bank. Alternatively if you prefer or if time is short we will liaise with you as to alternative methods of payment. Any extra charges incurred, as a result of alternative payment methods will be at your expense. Please be aware that all payments in excess of £1000.00 must be made by telegraphic transfer directly to our bank account. Unless otherwise agreed, in writing, you will be personally responsible for the settlement of any and all fees, VAT and third party payments and expenses incurred on your behalf. We reserve the right not to complete your transaction until all outstanding amounts are credited to your account. Conveyancing Direct Ltd disclaims any liability for client money lost through default of our bank. Please note that to ensure that there are no delays to completion it is our policy to request mortgage funds the day before, this means that you will pay an additional days interest on your mortgage.

Your Conveyancing

Conveyancing Direct Ltd will carry out your conveyancing transaction according to your instructions, subject to the Council for Licensed Conveyancers rules and to any relevant statutes or regulations. Once instructed, Conveyancing Direct Ltd will represent you in your conveyancing transaction until you advise us in writing that you do not wish us to continue, or until we write and advise you that we will no longer represent you, which we may do at our discretion. It is standard practise to commence working as soon as we have your signed application form. If searches are required on your transaction, and you have provided us with money on account, we will order these at the earliest opportunity unless you instruct us otherwise. Money spent on third party disbursements, including searches, is not refundable and will be deducted from any money due back to you in the case of your file not proceeding. Conveyancing files for sale or remortgage transactions will be kept for 6 years, purchase transaction files will be kept for 15 years after which time, unless we receive your instructions to the contrary the file will be destroyed.

Completion Dates

Until contracts have been exchanged, the completion date is not fixed for definite and the agreement to sell or buy a property is not binding. You will need to have buildings insurance in place to enable you to exchange contracts. Throughout your transaction up to the stage of exchange of contracts, we may well discuss with you tentative completion dates in readiness for exchange of contracts. Until you hear from us with confirmation that we have exchanged contracts, you must not take any estimated/tentative dates as final confirmation of the completion date. As soon as we have exchanged contracts we will telephone and/or write to you confirming that exchange has taken place and the completion date agreed. Until this time we would advise against making firm arrangements to physically move, which is why we also suggest you allow enough time between exchange of contracts and completion to organise removals etc and allow us to put in hand arrangements to complete.

Money Laundering

  • To comply with anti-money laundering regulations, to prevent fraud and for your security, we require a utility bill or bank/building society statement less than three months old, for each client, showing names and addresses as they appear on the application form.
  • A verified copy of a current, valid passport or photo ID driving licence (both parts) for each client. The documents can be verified by a Solicitor, Estate Agent or at a Bank (if you do not have a passport or photo ID driving license please telephone us to discuss available alternatives).
  • To meet Money Laundering Regulations we will carry out an online identity check to validate the identity and residence documents provided for each client.
  • If your transaction includes either a remortgage or a purchase remember to provide the requested cheque made payable to Conveyancing Direct Ltd.
  • Conveyancing Direct has an obligation to report any suspicious activity and will not be able to inform the client when such a situation has arisen.

Confidentiality

We will not normally discuss your case with anyone who telephones on your behalf unless we have your written authority to do so. This is to protect your confidentiality and security and, for the same reason, we may on occasion record calls. By signing your application form you give us authority to discuss with and give details of your case to lenders, estate agents and other parties necessary to your transaction, unless you revoke this authority in writing. In the interest of maintaining high quality service and compliance with defined service standards, we may allow work providers to inspect our files by way of an audit. Auditors will only be allowed access to files introduced to us by their respective organisation.

Professional Liability Insurance

This Practice has the benefit of professional liability insurance in respect of conveyancing services provided in England and Wales with Allianz Global Corporate & Speciality AG and Axis Speciality Europe Ltd who can be contacted through their brokers Gallagher Heath at 113 Houndsditch, London EC3A 7AH.

Complaints

Our teams have been designed with your convenience in mind and our aim is to provide an efficient and responsive service. If you think there is a problem please let us know at once so that we can put it right for you as quickly as possible. If your team cannot resolve your complaint over the telephone please refer to our Complaints Procedure, a copy of which can be found at www.conveyancingdirect.net. If after 8 weeks you feel that your complaint has not reached a satisfactory conclusion, you should contact the Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ. enquiries@legalombudsman.org.uk. Complaints to the Legal Ombudsman must be made within 6 months of your written full response to the complaint and within 12 months of the complainant discovering a problem. The Council for Licensed Conveyancers regulates the conduct of Licensed Conveyancers. Council for Licensed Conveyancers, WeWork, 131 Finsbury Pavement, London, EC2A 1NT.

General Data Protection Regulations

One of the most important aspects of the General Data Protection Regulation is the fair and transparent processing of your personal data which as a business we fully support. We believe in being open and honest about how we process your data and have produced this notice in support of your right to be informed. Please take time to read the Transparency Notice so that you may become familiar with how we use your personal data.

Interest Payments

Conveyancing Direct Ltd will hold money on your behalf in our client account which may accrue interest. It is the policy of Conveyancing Direct to pay interest to you on money held on your behalf if the total accrued interest exceeds £20.00. No interest will be paid to you if the total accrued interest is below £20.00. The rate of interest paid is at the discretion of Conveyancing Direct Ltd.