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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have been asked by my cousin to act on her conveyancing and

Resolved Question:

I have been asked by my cousin to act on her conveyancing and have over 30 years experience. I am not a solicitor and do not hold a current practising certificate. I have checked the Legal Services Act 2007 and my understanding is that although the preparation of a sale contract [on the freehold sale] and the preparation of a transfer of the legal title [on the purchase] are "reserved instrument activities" [under schedule 2 paragraph 5 of the act]because I am undertaking the conveyancing for free and not in expectation of any fee or reward I am an "exempt person" [under schedule 3 paragraph 3(10) of the act] and I can undertake the conveyancing legally. I have explained to my cousin that I do not hold professional indemnity insurance but she still wants me to act for her provided I am not breaking the law. Am I allowed by law to act in my cousins conveyancing for free?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Will you be acting for her in a Sale or Purchase or both and are there any Mortgages to redeem?

Kind Regards

AL

Customer: replied 3 years ago.

Hi Al. Subject to it being legal I intend to act in both a sale and a purchase. The purchase is not mortgage dependent and the sale will involve the redemption of my cousins mortgage. I am aware the buyers solicitor will expect an undertaking to redeem that coming from me will not suffice [as a non regulated person] and I will provide in the contract [if acting] for them to be entitled to effect a split completion payment of redemption monies to lender and completion balance to the sellers solicitor.

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Thanks for your reply.

It appears you have already done all of your homework- as long as you are charging a fee to your cousin (and you confirm this to the other sides Solicitor), you are free to act for your cousin, subject to the redemption of the Mortgage issue/Undertaking, which you are aware of.

As regards ***** ***** client's title at the Land Registry, under Land Registry protocol, she will need to get her id verified by a practising Solicitor, who will need to complete Form ID1 for her.

I hope this puts your mind at rest.

Kind Regards

AL

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Customer: replied 3 years ago.

Hi Al,

I think you mean in your reply "so long as you are NOT charging a fee.

May I treat your reply as amended to "so long as you are not charging a fee" ?

Thanks

Expert:  Aston Lawyer replied 3 years ago.

Hello,

Apologies- I did mean "so long as you are not making a charge".

Kind Regards

AL