As a way of rounding this particular series, it may be useful to look at ways in which some of the delays can be avoided and what things are being done to hopefully make the conveyancing process less stressful.
Government action
The government has been a major factor in those involved in the house transfer process contemplating what improvements can be implemented and its detailed study and recommendations on e-conveyancing have been a refreshing look at the present antiquated system.
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As it has said in the government report, the present system is based on paper and while there is a never-ending paper-chase going on, there is bound to be delays involved – how quickly the government can turn the conveyancing process into a paperless virtual system remains to be seen – but it is speeding ahead with all sorts of pilots and having seen its prototype chain matrix and detailed plans for simultaneous completion and registrations there’s no doubt it is on a mission to revolutionise conveyancing practice in this country.
In addition of course we have Home Information Packs (HIPs) being implemented and made compulsory from 1 June 2007. This may be the watered-down version, without Home Condition Reports and with an Energy Performance Certificate the main focus of the HIP, but nevertheless, it will mean that more information is provided up front to prospective buyers and that can only be a good thing.
Managing expectations
Putting aside the cynic in me, I do believe there is not going to be a great deal of improvement until e-conveyancing is with us and compulsory. What we have at the moment is a cottage industry of solicitors up and down the country, carrying out conveyancing, poorly resourced and without much enthusiasm for the white heat technology of the future. Despite all the vaunting about technology, the only real innovation in the conveyancing process in the last five years has been the fax machine.
So, bearing the stated intentions of the government in mind and with about four years before we see the start of e-conveyancing, is there anything that can be done to help everyone along at this stage?
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Well there is one crucial aspect that would help everyone, and that is how to manage the expectations of the clients.
If estate agents didn’t sometimes overcook the egg by whipping sellers and buyers into a frenzy, resulting in ultimatums being issued to exchange by 12pm on a stated date, that would be a good start. If the clients themselves didn’t agree completion dates without any input from their solicitors and then get stressed when a suggested completion date came and went, that would help reduce everyones’ stress levels. Then if someone could take charge of managing the whole process – someone that everyone in the chain would listen to and take heed of – someone who would be authoritative and take charge.
Wait a minute – that’s what solicitors are supposed to do isn’t it?
An authorative voice
That really is the problem at the moment – there is no one in charge who can make sure the process is managed effectively. At the moment there are too many people involved in the decision making process of a conveyance. The parties themselves obviously have the greatest interest but all the other players also have an input into the process.
It used to be the case that the solicitor would be given due deference by the other parties and stripping away any status implications it did mean that someone was effectively in charge of the timescales – in other words if the solicitor said it was going to take four weeks to complete then no one would argue that point. At least it meant that there was more certainty and the process was less stressful, although longer, than it is today.
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As I gaze into my crystal ball, I can see that in five year’s time e-conveyancing will be here with us but, despite the benefits of a paperless system, there will be still be a need for someone to take overall charge of co-ordinating the process
There is no doubt a vacuum to fill post-e-conveyancing is the house transfer administrator – the question is, who is going to fill that role?
