Part I

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When acting for a vendor in a transaction to which this Code of Practice applies a solicitor shall:

I.       So far as is practicable and consistent with the client's instructions make use of the General Conditions of Sale and other standard conveyancing documents published by the Society;

2.       When taking instructions;

[a]     record the information provided for in Form IA or some other similar form;

[b]     seek suitable evidence of the client's identity;

[c]     seek information as to the identity of any persons who are or will be in occupation of the property and thereby affecting the rights of any mortgagee or purchaser;

[d]     identify any special terms which may be appropriate for the contract including, inter alia, making enquiry to what provision is to be made with regard to fixtures, fitting and chattels;

[e]     enquire about completing the Society's recommended form of Enquiries before Contract in so far as the same relate to the premises;

[f]      enquire as to the position regarding the insurance of the premises against fire and other normal insurable risks and to advise the client, if appropriate, of any problem likely to arise from under-insurance or non-insurance.

3.       Following receipt of instructions write to the client setting out terms of business including an estimate of costs and outlay in such manner as may be prescribed by the Society together with a leaflet in Form 2 or some other similar form or letter containing the same information.

4.       Before giving any undertaking to a bank or other financial institution, obtain the client's consent in writing and, in relation to any undertaking as to the payment of money, ensure that such undertaking is so qualified as to extend only to monies as and when they shall be received and in all cases where an undertaking is given, furnish a copy thereof to the client and ensure that the fact that the undertaking has been given is recorded on the file in a manner designed to attract attention and to be highly visible.

5.       In bespeaking any Property Certificates or searches referred to in the General Conditions of Sale or any regulation, direction or recommendation promulgated by the Society or the Council take care, in the case of any Local Councillor competent Authority not using the forms negotiated between the Society and the Local Authorities Association, that the forms used by such Council contain similar questions and will provide the same information.

6.       Take due account of any peculiarities or problems revealed in the title documents in preparing the draft contract.

7.       In submitting a form of draft contract to the purchaser's solicitors, furnish with it:

[a]     the title or copy title to the premises;

[b]     any searches which are being provided by the vendor in pursuance of any regulation direction or recommendation of the Society or of the Council;

[c]     a form of Enquiries before Contract, as recommended by the Society, duly completed with replies to the various questions contained therein after consultation with the client.

8.       In the event of the matter falling within the provisions of Regulation 19(2) of the Solicitors' Practice Regulations 1987, write to both clients in the terms set out in Form 4A in and, if a conflict of interest arises thereafter, observe the Society's requirements and write to both clients in the terms set out in Form.

9.       Take due care in obtaining information to deal with any additional enquiries or requisitions which may be raised by the purchaser or the purchasers solicitors.

10.     Consider any advice on any amendments which may have been proposed by the purchaser to the draft contract previously submitted.

11.     Submit completed contract as accepted by the vendor or submit a counter offer to the purchaser and, at the same time, seek to obtain such deposit as is provided for in the said complete contract or counter offer.

12.     Take due care in considering and approving any deed which may be drafted by the purchaser or the purchaser's solicitors in relation to the transaction.

13.     in so far as practicable, obtain redemption figures from any mortgagee at least two working weeks prior to the date of completion and advise the purchaser or the purchasers' solicitors accordingly.

14.     Arrange for the execution of the assurance to the purchaser in good time for completion and make suitable and satisfactory arrangements for the handing over of possession.

15.     Following completion submit the redemption cheque to the appropriate mortgagee together with the appropriate document for completion of the satisfaction of the mortgage forthwith.

16.     Seek duly executed satisfaction of mortgage by way of reminder if the same has not been returned by the mortgagee within 10 working days from the date the cheque was sent.

17.     (1)  In Registry of Deeds  transactions:

[a]     register the satisfaction of the mortgage or in the alternative forward to the purchaser's solicitors the vacated mortgage with the appropriate registration fee immediately the same is received;

[b]     furnish to the purchaser's solicitors the duly registered satisfaction of mortgage immediately the same has been noted by the Registry;

(2)     In Land Registry transactions:-

[a]     furnish the satisfaction of the charge together with the appropriate fee to the purchaser's solicitors immediately the satisfaction is received from the chargee.

18.     Within 5 working days after completion advise, either directly or indirectly, the Rates Col- lection Agency and, where appropriate, the Ground Landlord or his Agent, of the change of  ownership and the date thereof.

19.     Account to the client for all monies received and expended including any interest on money in lieu thereof as early as practicable after completion.

20.     Present regular reports to the client and in particular report at the following stages:

(1)          on sending draft contract and other papers to the purchaser's solicitors;

(2)          following formal acceptance of contract and obtaining a deposit;

(3)          following the obtaining of redemption figures from any mortgagee when arrangements should be made for the execution of the deed, obtaining the keys and generally completing the legal formalities;

(4)          after completion with a statement of account and report on proceeds of sale.