It’s not often that conveyancing gets mentioned in the Queen’s Speech, and if we’re being pedantic, this one was no different either. Because instead of a reference to conveyancing, the government instead referred to the home buying process rather than conveyancing itself. But it’s all semantics, isn’t it?
What we know is that, if it is able to stay in power and follow through on its aims, then the new (minority) government, with support from the DUP, will be looking at ‘streamlining the home buying process so it is cheaper, faster and less stressful for people when they make the biggest purchase of their life’.
Now, while many (myself included) will support all endeavours to get us to a conveyancing process which is able to be completed in fewer weeks, there will be others who might take a sharp intake of breath at the use of the word ‘streamline’. The reason is that, streamlining suggests it wants to take out parts of the process, and I can already feel the collective shuddering of solicitors as they anticipate a future in which they may be expected to take out some of the legal process of conveyancing, in order to satisfy the need for an improved timescale.
As has been said before, speeding up the home-buying process shouldn’t really come at the expense of taking out the necessary law required by such transactions. Conveyancers are already under enough pressure to deliver on exchange/completion dates, without being forced to potentially skip parts of the process which are deemed ‘unnecessary’ by politicians and civil servants. That way lies a noticeable increase in cases against conveyancers when members of the public realise that they have been short-changed in the conveyancing arena and what they’ve actually been given is a fast-track process but with much more ‘caveat emptor’ added to it.
I sense that this isn’t going to wash with the public and therefore we (or the government) shouldn’t really be focused on streamlining but instead utilising all the available technology and information to move through all parts of the process much more quickly. Understanding where the current log-jams are is a first-up necessity – so in terms of the start of the process when information could be provided upfront and far earlier, to incorporation of digital signatures and the like, plus key amends in terms of getting far more up-to-date ID verification that can be utilised by all stakeholders, rather than having everyone in the process conducting their own.
Again, we’re not talking rocket science here, and it may (initially) at least only save days rather than weeks off the process, but it would be a considerable start. My one reservation – and again this is a drum I’ve been banging for some time – concerns the dabbler firms still active in their hundreds and thousands in the market. The Land Registry data reveals just how much of a cottage industry conveyancing remains, and those who use specialist conveyancers can still only move as quickly as the other party’s solicitors. In many situations, this can be at a tortoise-like pace.
And therefore, as always, there is a major role for advisers here in making sure their clients are not choosing those firms who are not able to cope, or are not specialist in this area. There, of course, are many who rail against the big specialist firms and, admittedly they can also be placed under significant pressure when there are big volumes of work being placed through their systems. However, using a portal like ourselves not only gives advisers access to these firms, but it also highlights when they may be under time pressures and when the work would be better placed with another firm.
Clients are not going to be told that by their local firm, or indeed if they go direct to another conveyancer, and therefore having that ‘inside information’ is going to be critical for clients when they choose, or rather, are advised to go with a particular firm.
There are of course ways and means to speed up the process right across the board, and the government will be charged with looking into this, however at a coal-face level, advisers can make all the difference through making their recommendation and ensuring the client has the best chance of the quickest and most stress-free service. It’s up to you to deliver on this.
Harpal Singh is managing director of Broker Conveyancing