I OFTEN ASK ESTATE AGENTS what a conveyancer can do to help them and the answer is usually the same – answer the phone, return their calls, give updates and get the job done as quickly as possible. Yet it was only recently that an estate agent asked me the same question – what can an estate agent do to help me? With this question in mind, I reviewed some of my conveyancing files and the different estate agents I had encountered. Ultimately, the success and speed of a conveyancing transaction comes down to two elements: relationships and communication.

So it was surprising to find that even the very good estate agents had failed in their first piece of communication to the conveyance – the Memorandum of Sale. Often underestimated, the Memorandum of Sale always seems rushed and incomplete. If agents took a little longer to complete them, I am sure that they would see the results.

A sales contract is a very standard document and most conveyancers will make very few amendments. However, I almost always have to amend the names. Sometimes middle names are missing, or only a surname is provided and ultimately this is owing to the lack of information on the Memorandum of Sale. It also helps the conveyancer track down the file.

With hundreds of files on the go it might take me some time if I have a letter that just says my client is Mr Smith. The full names and address of the parties are essential information that an estate agent has at their fingertips and could save time in back-and-forth correspondence between conveyancers. Many estate agents claim that they use ‘cutting edge’ technology, but so few put email addresses on their Memorandum of Sale. I prefer to correspond by email.

Depending on the nature of the title, I could send the contract pack by email, which means I know it has been immediately received and there is no question of things being lost in the post. Also I could update an estate agent much quicker if they gave me their email address. For those solicitors who still prefer paper, the DX system is much quicker than usual post. A quick call to obtain an email or DX address could shave days off the length of a transaction.

The memorandum should contain full information about the property and the transaction, but I found that very few contain the full postcode of the property.”

The Energy Performance Certificate is a document that an estate agent must have before marketing the property. Yet it begs the question as to why it is not sent over with the Memorandum of Sale. It could save a conveyancer raising an enquiry to request it. The memorandum should contain full information about the property and the transaction, but I found that very few contain the full postcode of the property. There are often enquiries about which items are being left at the property and whether additional payments are being made. If these have already been agreed, it is worth including the details in the memorandum, again this can save correspondence between the conveyancers and save time.

Leasehold properties always take longer than freeholds, but there are many ways in which the estate agent can help. An estate agent could ask the seller to provide the most recent demands for ground rent and service charges. It will be good to put this before any potential buyers so they know the likely monthly outgoings, but if you provide these to the conveyancer they can start the correspondence with the landlord or managing agent much earlier on in the transaction and obtain the leasehold information pack much quicker. However, there is nothing to prevent the estate agent from calling the managing agent directly and getting details of the cost for the leasehold information pack. They could even ask the seller to obtain the pack directly from the managing agents or landlord. All this can definitely speed up a transaction and improve the all too often shaky relationship between the estate agent and the conveyancer.