"Nobody expects the Spanish inquisition"
It appears that solicitors who are members of the Law Society's new Conveyancing Quality Scheme (CQS) needn't worry about a Pythonesque "fear and surprise" reprisal if they break the guidance rules.
The Law Society introduced the CQS to help traditional high street law firms differentiate themselves from ordinary legal providers. Although it is designed to show that member firms are always courteous and offer excellent service, our recent experience with some CQS firms indicates that this may not always be the case.
Following some recent exchanges of the nature that we thought solicitors only reserved for estate agents, we checked with the Law Society what sanctions were available where firms breach their rules. The answer was that there are none. The words teapot and chocolate spring to mind, although not necessarily in that order.
Chancel repair liabilities - the clock is ticking
Over recent years, it has become a standard requirement for buyers (particularly when getting a mortgage) to check whether there is any liability for homeowners to pay for the upkeep of the local church, through a rather arcane law enacted centuries ago. Although there have not been many cases, this right expires next year, so there is a possibility that some churches may look to make the most of this opportunity.
The potential liability is real and we will be introducing a low-cost service next year for homewners to check whether they have this liability and take the necessary steps to protect themselves.
SDLT Changes
The government and Revenue & Customs have warned they will close the loopholes that people are exploiting to avoid Stamp Duty Land Tax (SDLT). Indeed, last month, they announced they would remove one method, whereby buyers used companies to buy properties, by increasing the rate to 5%. Discussions with agents has shown a marked decrease in the numbers of clients trying to avoid SDLT, and we have witnessed numbers falling.
Whilst currently, mitigating SDLT can be done legally, some are speculating that in the future, it may be considered to be a criminal offence.
Finally, the government appears committed to its decision to scrap the SDLT exemption for first time buyers spending less than £250K after 24th March 2012.
New website and online case tracking
We will be launching our new-look website in January, with the focus very much on social media and information delivery. We will also be extending our Partnership League system so agents will be able to track the progress of their client's cases online. This will enhance our current offering of our fast-response email and 7 days-erp-week telephone access.
... and finally ... we don't DO end of year reviews, so it just remains for us to wish a merry Christmas and a happy new year to our readers!
