Can a licensed conveyancer use the Conveyancing Protocol and transaction forms?
I’m acting for clients who are buying a property. The sellers have instructed licensed conveyancers who have sent me the TA6 and TA10 forms. Can they use the Conveyancing Protocol and these forms although they are not solicitors?
Yes. Where it’s in the client’s best interests to use the Conveyancing Protocol procedures, a licensed conveyancer acting for the other party should be invited to adopt them.
Licensed conveyancers are bound by professional rules which are similar to those that bind solicitors.
It’s therefore normally possible to rely on a licensed conveyancer’s agreement to use the protocol in a transaction.
The protocol at general obligation (l) advises use of the most up-to-date version of the Code for Completion by Post, contract, forms and formulae and accompanying guidance published by the Law Society.
For further information, see our Conveyancing Handbook (27th edition) and the Conveyancing Protocol.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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