It is uncommon (especially for residential transactions) for the conveyancing solicitor to attend the completion personally. Usually, this is arranged by post, but the arrangement should be discussed early, i.e. at the time of sending the requisitions for title.
The Law Society’s code for completion by post
The text set out by The Law Society’s Code for Completion by Post should be used. The wordings can vary to suit the context of the situation, but should be done well before completion is set to take place. Written instructions should be set out explaining in detail as what is expected from the seller’s solicitor by the buyer’s solicitor. The time of completion should also be agreed upon.
30.8.2 The Money
The buyer’s solicitor must ensure that the money is remitted by telegraphic transfer to the seller’s solicitor’s nominated bank account way ahead of time for completion to take place at the agreed time.
The seller’s solicitor’s role
The seller’s solicitor often acts as the buyer’s solicitor’s agent in carrying out the completion process. The instructions given for this purpose should be detailed and in a manner that would include all aspects as would have been carried out if the buyer’s solicitor would have performed if he were present. The seller’s solicitor after making sure that the payment has been made must carry out the instructions. He should also telephone the buyer’s solicitor and inform him that completion has taken place and post the documents of exchange by first class post or document exchange. If the documents are to be certified, endorsed or marked, the solicitor should perform these, as well. Under the code, the seller’s solicitor should not charge the buyer’s solicitor for acting as his agent in performing these tasks.
Photo courtesy: Alex Pepperhill
