‘It’s time to mandate a universal conveyancing system’ says CILEX
Comments are made by organisation which represents thousands of conveyancers, in its submission to a parliamentary probe into process.
CILEX (the Chartered Institute of Legal Executives) has blasted England’s ‘inefficient and ineffective’ conveyancing process and called for its complete overhaul saying sellers should have to provide property ‘material information’ at the earliest possible stage.
And it says that government should consider introducing ‘an auction-style pack… where potential buyers can view and search title and accompanying documents when viewing the property’.
NEW LEGISLATION
Responding to the call for evidence by the Levelling up, Housing and Communities Committee inquiry into buying and selling homes, CILEX says the government should introduce new legislation, rather than allowing for voluntary conveyancing change across the industry, as this ‘provides the best opportunity to create improvements to the home buying and selling process’.
The need for mandation is a long-running debate in the market and CILEX says that the risk of relying on voluntary initiatives is the piecemeal adoption of digitalisation ‘resulting in inconsistencies and confusion across the industry, and for consumers’.
CILEX says: “The process of buying and selling homes is one of the most stressful periods of a person’s life, and substantially more could be done to reduce this stress.”
MATERIAL INFORMATION
It adds that having sellers provide material information early is ‘crucial’ and says: “This is founded on the notion that the property sector largely agrees that more upfront information is better for the home buying and selling process and that it supports the necessary consumer protection requirements.
“Given that upfront information is not yet required, or policed, it cannot be guaranteed that buyers will benefit from having this information at an early stage of the process.”
Regulating managing agents in the leasehold process, or changing the process for accessing leasehold information would also improve the process, it recommends, while supporting mandatory qualifications for, and regulation of estate agents.
CODIFIED conveyancing
CILEX president Emma Davies (main image) says: “Aside from material information, our members would also like to see a codified system for the digitisation of information.
“Harmonisation and cohesion across the industry regarding digital changes and adoption is much needed.
“The sector needs to collaborate to ensure clients, conveyancers, lenders, surveyors, property agents and estate agents work as part of this harmonisation and cohesion to improve the process and this needs to be complemented by government mandating this where appropriate.”
She adds: “A lack of mandatory measures for a digital ID framework or qualified e-signatures in the home buying and selling process has been a major barrier to its adoption across the industry.
“This is therefore an example and aspect of the home buying and selling process where digitisation would make a difference but has not been driven through mandatory measures.”
