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What is a Licensed
Conveyancer?
Licensed
Conveyancer or Solicitor?
When
buying or selling property people know they need the services of a lawyer. Until
1987 they could only use a solicitor to deal with their property sales and
purchases.
However, in 1987
Parliament brought to an end the solicitors’ monopoly of professional
conveyancing services in England and Wales.
More
and more people are discovering that they now have a choice, and that an
alternative type of lawyer- a specialist in property law- now exists to help
them.
This
new property lawyer is called a Licensed Conveyancer.
In
creating this profession Parliament took care to ensure that Licensed
Conveyancers would be qualified both by examination and by years of practical
experience, to produce the specialised service that the public require.
Consumers
now have the freedom of choice, in virtually all property transactions, to use a
Licensed Conveyancer instead of a solicitor.
The Licensed Conveyancer
In
order to qualify as a Licensed Conveyancer it is necessary to have extensive
practical experience of conveyancing, a specialised and sometimes complex area
of law. The average Licensed Conveyancer will have many years' experience and
will have passed qualifying examinations of above law degree standard. In
addition to proven academic ability, Licensed Conveyancers must have relevant
administrative and communication skills.
The
legislation that created Licensed Conveyancers places a duty upon them to
provide clients with conveyancing services that are both efficient and economic.
This does not mean that a Licensed Conveyancer will necessarily offer lower fees
than other lawyers, as efficient services can seldom be provided for uneconomic
fees. However it does mean that by using a Licensed Conveyancer quality of
service and value for money may be assured.
Licensed
Conveyancers are specialists in property law and, as with all true
professionals, they are required to observe strict standards of professional
conduct. All Licensed Conveyancers are governed by the rules of professional
conduct laid down by the Council for Licensed Conveyancers, the statutory body
that regulates the profession.
All
Licensed Conveyancers offering their services to the public must carry
professional indemnity insurance (to protect clients in the event of errors or
omissions) and contribute to the profession's compensation fund, (to protect
clients in the event of default). Clients can therefore be confident that, if
they use a licensed conveyancer, their financial position is protected at all
times.
The Services Available
Licensed
Conveyancers can offer the following legal services:
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Residential
Property- The sale purchase and remortgage of freehold and
leasehold houses or flats anywhere in England and Wales, the creation of
new leases and tenancies and the transfer of interests in domestic property.
Deeds of trust may be recommended for joint purchasers, especially unmarried
co-purchasers.
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Commercial
Property- The sale, purchase and remortgage of freehold and
leasehold business premises, anywhere in England and Wales, including dealing
with offices and shops, business tenancies and agricultural, building and
development land.
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Related Services- Licensed Conveyancers can act for a large variety of
mortgage lenders and can normally assist purchasers with general mortgage
advice. They may well be able to offer guidance in selecting an effective local
estate agent. They are frequently able to assist with arrangements for the
insurance of residential and commercial buildings and their contents.
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Administration of
Oaths- All licensed Conveyancers are Commissioners for
oaths and are able to administer an oath or affirmation and take an affidavit or
declaration. If any document needs to be given under oath a licensed Conveyancer
can deal with this for you.
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What
is the advantage to me?
By
having a Licensed Conveyancer act on your behalf you will be able to rely upon
an experienced professional who specialises in providing the type of legal
services you need and who can offer you advice and support throughout your
transaction.
Licensed
Conveyancers were created by Parliament to provide the public with an
alternative to conveyancing by solicitors. The new profession has proved it can
meet the particular needs of the consumer in conveyancing transactions.
So,
if you are about to buy, sell or remortgage property, and
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if you think you would benefit from having your conveyancing done by a
specialist with a statutory duty to act efficiency and economically; and
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if you would value the safety and peace of mind that comes from using a
qualified professional;
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if you would prefer an alternative to employing a solicitor. then you
should ask a Licensed Conveyancer to act for you.
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