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Plenty of stick – no carrot

Posted by Justin on Aug 3, 2009 in Abaddons Musings, cynicism, lawyers, legal system | 0 comments Apparently, “The Legal Services Board could punish non-compliant regulators with multi-million-pound fines ” – see http://tinyurl.com/nwsa6aAnd how will the regulators pay those fines? By charging them out to those they regulateThe net result will be (a) over-cautious regulation resulting in a massive increase in red tape for lawyers to comply with (b) an over-cautious approach...
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Why don’t HIPs include contracts?

Posted by Justin on Apr 25, 2009 in Abaddons Musings, conveyancing, lawyers, legal system | 2 comments If HIPs (Home Information Packs) were really meant to provide a comprehensive package of pre-contract documents to speed up the conveyancing process, why do they not include a draft contract?It is not because of any technical difficulty: the draft contract can be prepared at the same time as a property information form (see my earlier post). The details of the buyer and the price would need to...
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Heretical thought – HIPs do help (sometimes)

Posted by Justin on Apr 25, 2009 in Abaddons Musings, conveyancing, legal system | 0 comments Despite the many faults of Home Information Packs and the way they were implemented, they do (on the whole) help to speed up the conveyancing process. Usually, the legal pre-contract work is now completed well before the buyer’s mortgage offer is issued – it used often not to be so.The slowest item in the legal aspects is now the provision of up-to-date property information by the...
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HIPs "upgraded" from 6 April

Posted by Justin on Apr 12, 2009 in Abaddons Musings, conveyancing, estate agents, HIPs, lawyers, legal system, local, Tenterden | 0 comments Now that HIPs must include a PIQ, there is another hurdle to leap before marketing a property, but we at Nelsons Property Lawyers think we can help There are different versions of the PIQ for existing homes and for new homes – a new home for these purposes is a home that is being designed or constructed or which has never been occupied. – and different versions for freehold and for...
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Home Information Packs – again

Posted by Justin on Apr 4, 2009 in Abaddons Musings, conveyancing, HIPs, legal system | 0 comments On Monday, the new, tighter rules for HIPs come into play -the HIP must be complete (well, nearly …) before the property is marketed, rather than being in the course of preparationthe HIP must include the Property Information Questionnaire: a very watered-down and pointless version of the full Property Information Form that buyers’ conveyancerswill expect to see; either the HIP...
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Proof of identity

Posted by Justin on Mar 27, 2009 in Abaddons Musings, ID cards, lawyers, legal system | 0 comments When acting for clients on transactions (eg: house purchases or sales), solicitors are obliged to check their clients’ identities. It is not an integral part of the legal work we set out to do, but an obligation imposed on us under anti-money laundering legislation. It is an extra cost that we must absorb, and an extra risk we must accept, but we are not given any option. Failing to comply...
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