Your guide to Conveyancing

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1. What you can expect from Goldsmith Williams

2. Summary of The Conveyancing Process: Buying

3. Summary of The Conveyancing Process: Selling

4. Searches: Explained

6. The CQS Client Charter

7. The Buying Process: Explained

8. Identification

9. The GW Account

10. Everyday Legal

11. Premier Client Club

12. Recommend a Friend

13. Frequently Asked Questions

14. Buy to Let Cases

15. Testimonials

General Terms and Conditions 16 - 19Acceptance of Instructions to ActData ProtectionRegulationCopyrightLaw and JurisdictionElectronic IDYour FileCall RecordingCopies of CallsUsing your InformationConfidentialityMoney Laundering OutsourcingInterestLimitation of LiabilityElectronic CommunicationRightsDistance SellingYour Right to ComplainBanking Crisis Client Balances Assessment

Conveyancing Terms and Conditions 19-23 Your MortgageCancellation FeeA Serious WarningConfirming the DetailsConflict of InterestEnding the RelationshipReferralYour Best InterestsLegal and Admin FeeUnsecured LoansStamp Duty Land Tax (SDLT)Exceptional ExpensesTelegraphic Transfer FeePayment of CostsFinancial Services InsuranceMarketingConveyancing Quality SchemeLawyer Checker

Contents

You’ve found the perfect property, so let’s get you in it as quickly as possible!With over 30 years experience in conveyancing, GWlegal have a fantastic team of legal experts in place to make your move as quick and easy as possible.

Buying and selling a property can appear to be a daunting process, especially if you have never done it before. That’s why it’s really important to have the best in the business helping you along and making the whole process as simple and as straight forward as it can be.

By trusting your conveyancing to GWlegal, you’ll get:

• The whole process explained from the start

• Friendly and knowledgeable staff who are available 9.15 – 5.15 Mon - Fri

• Regular updates by phone and/or in writing, as your case progresses

• Fixed costs, so no nasty hidden surprises.

With the help of this brochure, we’ll take you step-by-step through your sale and/or purchase.

The first section explains what happens in the conveyancing process, outlining what you need to do and what we’ll do for you.

The second section, called Terms and Conditions of Service, details specific information about GWlegal and your conveyancing journey. It includes such information about how we use your information, our complaints procedure and information about fees.

We appreciate that there is a lot of information to take in, but please take the time to read it all. It could be instrumental in helping you move sooner.

What you can expect from GWlegal

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To make things easier, next to each step there are some circles, so you can mark each one off every time you move a step closer to your new property. It’s simple, every step highlighted in Blue is you and you can leave the rest to us.

This is just a summary of what’s involved in the buying process so don’t worry if things don’t quite make sense; they’ll be explained in more detail later on. And remember, you can call us if you have any questions.

The buying process can take between two and three months approximately from start to finish, but it can be sooner in some cases.

Summary of The Conveyancing Process: Buying

Apply for searches inc. Local AuthoritySearch and raise any enquiries

Send written instruction

Get the contract from the seller’s solicitor

Check the title

Send the contract and full report to you

Sign the contract

Sign the mortgage documents

Ensure searches and enquiryanswers are checked and approved

Acknowledge your mortgage o�er and bring any special conditions to your attention

Check contracts are exchanged, completion date con�rmed and the transfer deed has been signed by the seller

Request mortgage funds andbalance of purchase monies

Carry out �nal Land Registry searches

Ensure the mortgage advance and balanceof purchase monies are received

Complete your transaction

Move in

Welcome to the start of your journey. It may look complicated but, don’t worry, you’ll be in your new home before you know it.

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Summary of The Conveyancing Process: Selling

Send us the name, address and account number of your lender. If you don’t have a mortgage, you’ll need to tell us where the deeds are.

Complete and return any forms we send as soon as possible

Prepare a dra� contract to send to the buyer’s solicitor

Issue the contract to buyer’s solicitors.Answer any questions they ask us

Sign contract and agree completion date

Exchange contracts

Ask your lender for a redemption�gure for your existing mortgage

Prepare a statement detailing the balancedue to you or extra payments required

Receive transfer deed from buyer’s solicitor

Sign the transferof your property

Check we have received buyer’s money and then hand over keys.

This is a summary of the steps we need to take to sell your property. To make things easy we’ve put tick boxes next to each step, so you can mark off every time you move a step closer to selling your property.

The good news about selling a property is it’s usually a simpler process than buying one!

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“Searches” do not involve a physical examination of the area around the property, as the name might suggest, but the inspection of records held by local authorities and other agencies.

Searches: Explained

example, in areas with a high radon gas level you would be well advised to get the property tested by a specialist contractor who can undertake any necessary remedial work. We will carry out what is called a Home Envirosearch. This covers the environmental aspects of your property and the immediate area within 500 metres, including factors such as pollution and contamination from land fill sites.

Government regulations mean that you can be made to clear your land of any contamination, even if it took place long before you owned the property. This can cost thousands of pounds, so it’s worthwhile knowing about any problems in advance.

You have two choices as to the way in which these searches are carried out.

One option is that we carry out all the searches that prove to be necessary in respect of your particular property, in circumstances where at the beginning of the transaction we cannot tell you with precision what the cost will be. We will have to do this anyway if the price of the property you

In order to protect you against the possibility of something going wrong in the near future which will affect your new home or your enjoyment of it we need to carry out many searches. These will reveal, for example, whether a new road or rail line is planned in the vicinity, or if there is a risk of subsidence due to past mining activity, or of flooding. We cannot identify all the searches that may need to be carried out at the outset. We know that some standard searches will definitely be required such as a local authority search, a water, drainage and environmental search, and we will know whether a search in relation to coal mining is required. Additional possible searches and enquiries may be necessary, such as a planning report on the neighbouring district, company searches, supplemental reports on existing searches including a coal interpretative report, High Speed Train search or an additional flood report. We will carry out all searches that are necessary for your property, but we will only notify you of the results if they are adverse or require more specialist involvement. For

are buying is more than £1 million. If the £1 million limit is exceeded, or if it is not but you choose this option, we will have to request a payment from you of £350 on account of the cost of the searches. This is in addition to the standard payment on account that we require in all cases.

The second option is available if your purchase price is less than £1 million and should you choose to take advantage of it, and unless we advise you that this is not suitable.

The key features of this option are that the combined “Search Bundle” fee is fixed in advance; it cannot go up or down regardless of the number of searches that are needed, and we do not require a payment on account; the fixed amount can be paid when everything else is paid in order to complete your purchase.

Inevitably, whenever a fixed fee is paid where we do not know precisely the amount that will be paid out, there will be “winners and losers” – those who might have ended up paying more or less than the fixed amount if we had charged directly for all the

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searches required for the particular property.

As a firm our culture is to be completely transparent about cost at the outset, to the fullest extent possible. We have found over our many years in practice that clients prefer to pay a fixed price because this gives peace of mind and certainty in your budgeting. It is entirely your choice (if the purchase price is £1 million or less) as to whether you wish to pay for the specific required searches or to pay the fixed “Search Bundle” fee. Of course the level of professional service we will provide will in no way be affected by your choice.

UrgencySometimes even a day in the conveyancing process can make the difference between being in a position to exchange contracts and running the risk of losing your chosen property. Contracts cannot safely be exchanged until all the required searches have been completed. We are sure that you would wish us to press on with your purchase as quickly as we can and to minimise any possible delay. The overwhelming majority of our clients choose our all-inclusive Search Bundle. For these reasons we will proceed on the assumption that this will be your choice where your purchase price is less than £1 million, unless we advise you otherwise.

If you would prefer not to choose this option and wish us to charge you the direct cost of the required searches please let us know as soon as you can and let us have your additional payment of £350.

GWlegal also offers an option (which is part of the Search Bundle service) which speeds up the search process.

Full local searches involve correspondence with the local authority and can take a long time (the local authority is frequently slow to answer) as well as being expensive, and this can delay the conveyancing process. In most cases we can avoid this.

We use a specialist search agency, Amber Searches Ltd (“ASL”), through which searches are carried out and arranged. In any case in which we do not advise full local searches (which we will in certain unusual circumstances and will inform you if this applies) ASL arranges a personal search of the key registers, rather than relying on the local authority to supply the answers. It also arranges insurance against the risk of their being any adverse entry on the registers. This is an entirely safe basis on which to proceed unless we advise otherwise because (for example) of the high value of the property. ASL regularly monitors the market for private search agencies and insurance products to ensure that the right choices are made for you.

The fixed Search Bundle fee is paid to ASL. Because of the “winners and losers” point made above there will be cases where it will cost ASL more to carry out the work than the fee paid. In other cases the work will cost less than the fixed fee. In the latter case ASL will keep the surplus and in the former case they will stand the loss. ASL is a company wholly owned by two partners of GWlegal; therefore those partners obtain an indirect benefit to the extent that ASL makes a profit from instructions we give them. However, this only serves to ensure that the partners at all times keep in mind that ASL must perform to the highest standards to maintain the reputation of the firm. We are satisfied that it is in your best interests to make these arrangements through a reputable search agency and that ASL is a sound choice for those reasons. Although ASL is not regulated by the Solicitors Regulation Authority and you do not have the same protections as if GWlegal carried out this work itself ASL is regulated by the Financial Conduct Authority.

Because of our close relationship with ASL we do not have to pay for their services in advance, which is why we do not require a payment from you in respect of the cost of searches when you choose the Search Bundle option.

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The CQS Client Charter

Buying or selling a home is one of the biggest deals most of us ever make. We want to make it as easy for you as we can and will do all we can to make sure that everything goes smoothly.

This Charter tells you what you can expect from us.

The Law Society’s Conveyancing Quality Scheme (CQS) The Law Society has a quality scheme for solicitors who deal with buying and selling property.

We are a member of the CQS, which means that we meet the high standards the Law Society sets to ensure that we give clients a professional and quality conveyancing service.

What you can expect from us • When you contact us to discuss your sale or purchase we will explain clearly the steps

in the process and what you can expect from your solicitor. • We will tell you what the costs will be. • We will keep you informed of progress in your sale or purchase. • We will work in line with the quality standards of the Law Society’s CQS.

We will: • Treat you fairly. • Be polite and professional. • Respond promptly to your enquiries. • Tell you about any problems as soon as we are aware of them. • Ask for your feedback on our service.

If you want to complain about a solicitor, please ask for details of our firm’s complaints procedure.

If you have any other concern about the firm as a member of the CQS please contact the Law Society team: cqs@lawsociety.org.uk

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The Buying Process: Explained

While every step of the buying process is vital, there are four key areas that you need to know about and understand – because they involve you...

The Contract

The contract is the formal agreement between you and the seller. Once your offer is accepted and the sale has been agreed, the seller’s solicitor prepares the contract and sends it to us. We will then send the contract, with all the information about the property, to you to sign. You should sign it as soon as you receive it and immediately return it to us so it does not cause any unnecessary delays.

The Mortgage Offer

Meanwhile, as the contract is being prepared, you’ll be sorting out your mortgage. Once agreed, your lender will send through your mortgage offer to us and we will send on to you to sign. As with the contract, please sign as soon as you receive it and send it back to us.

Prior to your mortgage offer, your lender will carry out a valuation of the property to make sure they aren’t lending more money than the property is worth. The documents we send you, alongside your mortgage offer will include details of additional surveys and valuations you may wish to carry out on your intended property. These include a Home Buyers Report and a Structural Survey. These surveys are not compulsory but we advise you obtain one of these as they provide you with extra security of the purchase of the property.

Exchange of Contracts

This is the exciting bit because by exchanging contracts you are confirming your purchase. Prior to this, either party can withdraw from the transaction.

Naturally, we will make sure that everything is ready and in place and that you are happy before we exchange contracts. In the meantime we will be asking the seller’s solicitors for any further details we need, including, for example, copies of missing documents. It is important to note that we cannot exchange contracts for you until we are satisfied that everything is in order. Please therefore do not book any time off work or arrange removals until we tell you it is alright to do so.

At this stage, we will be ready to exchange contracts with your seller’s solicitor and both you and the seller will be committed to the sale. It is only then that you will agree a completion date, when you will be able to move in.

Completion

Make sure everything is packed up and the removal van is booked because come your completion date, it’s time to move in. Then the only complication you’ll have is finding the time to unpack everything!

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We must check the identity of all our clients under the Money Laundering Act 2007 for any regulated work that we do. We do this by obtaining Photo ID and Proof of Residence identification.

For the majority of clients using the services of an Introducer, their Introducer will provide us with the appropriate documentation. There may be a small number of cases in which we still need to ask you to provide us with original ID.

If you have come to us directly, we will require you to send us original ID through the post.

We will also need to carry out an additional electronic check of your identification. This is because we have not met you face to face and we want to make absolutely certain that you’re not the victim of mortgage fraud.

We take fraud very seriously and incorporate many anti-fraud measures into our procedures. We hope you feel reassured by our approach.

There may be rare exceptions to the above but we’ll let you know as soon as we can ifthat’s the case.

We require one of the following forms of identification per person from list one and two from list two here:

Any photo ID must be clear and legible otherwise you may be required to resubmit.

Any proof of residence identification must be dated within 3 months of the file instruction.

Please ensure when sending or returning items by Special/Recorded Delivery, your full reference number is quoted on the envelope.

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List one: Photo I.D.

• Valid passport

• Valid photo driving licence with current address

• A current, signed passport issued by a Non EEA Country with either a passport stamp or a letter from the Home Office giving an indefinite right to reside in the UK.

List two: Proof of Residence

• Utility bill

• Bank or credit card statement

• Official government/ agency correspondence

Important

Our requirements are as follows:

Identification

Stay up to date with your case as well as upload documents, make payments and ask any questions you have…even when the office is closed with your own GWlegal account.

View and update account detailsView case progressSend messages relating to a case

By creating an account, you’ll be able to:

Make payments relating to a caseLeave feedbackUpload documents

We believe that by enabling you to have access to your case and understand the key milestones which have been or need to be completed will not only improve your experience but also help speed up your case.

Get the AppGet instant access to your case by downloading the free GWapp.

What’s more, enable the push notifications and you’ll receive immediate updates as your case progresses.

Available on Android and iPhone, simply search for ‘GW Solicitors’ in the App Store or on Google Play.

The GWaccount 9

Everyday Legal

Whilst you need our assistance in your current case, not every legal issue needs the professional advice of a solicitor. Often you

Free legal help from GWlegal

That’s what Everyday Legal, our free advice service, is all about… equipping you with the right information so you can solve the problem yourself whether it’s reclaiming unfair charges, resolving disputes or wanting to know your consumer rights.

can handle the situation on your own – you just need a few pointers.

Topics include:

• Energy bill refunds

• How to claim for pothole damage

• Resolving property boundary disputes

• Your legal rights when buying a used car

• Dealing with noisy neighbours.

Everyday Legal is available on our website – gw.legal - as well as through our free mobile app. Simply search GW Solicitors in the App Store or Google Play.

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At GWlegal, we value loyalty. This is why we created our Premier Client Club – to reward customers who, having already benefitted from our services, come back when they need a solicitor again.

Premier Client Club

As a member, you’ll benefit from all this:

Standard fees for any future conveyancing or remortgage work*

Fees for any Wills and Power of Attorney services*

* not including VAT/Disbursements

But it isn’t just you who can benefit from these discounts!Recommend family and friends to us as we’ll extend these discounts to them too. Now you can’t say fairer than that!

Premier Client Club costs just £40 (+VAT) and could more than pay for itself in just one future transaction.

You’ll be given the opportunity to join during your current case with us. Please visit gw.legal for more information.

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Recommend a FriendImpressed by our service? We sure hope so! Then why not recommend us to your friends and family and earn up to £250 for your effort.

How much could you earn?Service You get

Conveyancing Up to £100^

Remortgage £25

Wills £20

Personal Injury £250

Financial Claims (PPI) £50

It’s so easy to recommend us to family and friends. Simply log on or create a GWlegal account by visiting gw.legal. Click on the Recommend a Friend button and simply enter your friend’s email address and the service you are recommending. Hit send and off it goes to your friend’s inbox.

You can then keep an eye on if they follow your recommendation and take up our services, and ultimately if and when you’ll get paid, through your own personal dashboard.

Don’t forget, if you’re a Premier Client Club member, your relative or friend will also be entitled to discounts on our services*. Might be worth mentioning that to them as an extra incentive!

^Earn £50 for a single sale or purchase case and £100 for a combined sale and purchase case*Premier client club members and their family and friends are entitled to 25% of our conveyancing and remortgage fees and 10% of our Wills service. Not including VAT and disbursements

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Frequently Asked QuestionsHow long will this take?

This depends on a number of factors including:

• The number of parties in the chain

• Somebody in the chain does not want to proceed as quickly as the others.

• The complexity of the transaction eg. it will take longer if the property is leasehold

• The searches or enquiries reveal something unexpected

A standard freehold purchase will normally take 4 - 6 weeks but if title problems arise or there is a long chain it could take longer.

When should I book removals?

It is best to avoid booking your removals until after contracts have been exchanged. At that time removal arrangements can be confirmed to the company. Before exchange the moving date is not definite and you may incur extra charges should the date have to be changed.

Can I complete on a Saturday?

No. The electronic banking system only works Monday-Fridays. In addition most law firms do not work on a Saturday. Therefore your completion has to take place between Monday-Friday.

How much deposit will I have to pay?

The deposit will depend upon the mortgage. If you are borrowing less than 90% then you will usually pay 10% but if you are borrowing more than

90% the seller may be willing to accept a lower deposit.

If you are getting a mortgage to help you buy your property your lender will have obtained a valuation survey on the property. Unless you instructed them to carry out a homebuyer’s or structural report at the same time the survey carried out was purely for your lender’s needs and will not give you any details about the state and condition of the property.

There may be defects or faults in the property which are not revealed by the inspection carried out by the lender’s valuer, or there may be things missing from or things not accurate in the report. These do not matter to the lender but may matter to you. You will not be able to rely on what was said in the valuation, nor take any action against the lender or the valuer who carried out the report for the lender.

We would always recommend you obtain your own report before you go ahead with the purchase.

When should I cancel my direct debits to my existing mortgage lender?

You should not cancel direct debits until you have been advised by us that completion of the sale has taken place. If you have made any overpayment the lender will refund this to you following completion.

What should I do with the keys to my existing property?

They should be left with the estate agents. They will only release the keys to the buyer

once completion has taken place. If there are no estate agents you should arrange to give the buyer the keys direct. Please do not hand the keys over until you have received confirmation that we have received the purchase monies.

How do I get the keys to my new property?

Please make your own arrangements with the estate agents as they will normally hold the keys. If there are no estate agents you should arrange to collect the keys from the seller.

I am selling to a member of my family. Do we still need to instruct solicitors?

Yes, you will still need the services of a conveyancing professional.

What is an Energy Performance Certificate?

These give buyers and sellers A-G ratings for their home’s energy efficiency to help cut carbon emissions and fuel bills and are designed to help homeowners reduce the environmental impact of their homes.

Buy to Let: Once I get the keys can tenants move in straight away?

There are a number of things a landlord needs to do before they can let a property to tenants. These include:

• Gas and electrical safety checks

• A written fire risk assessment

• An Energy Performance Certificate (EPC)

• HMO licence (if applicable).

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Buy to Let Cases

From professionals to first time and even “accidental” landlords, it seems everyone is wanting a piece of the buy to let industry...Buy to Let by the experts

Whether you’re buying your first buy to let property or adding to your portfolio, we can ensure everything runs as smoothly as possible. If you have any specific Buy to Let questions throughout your case, please don’t hesitate to ask our friendly and knowledgeable staff.

By trusting GWlegal with your buy to let purchase, you’ll get:

• The whole process explained from the start• Friendly and knowledgable staff• Regular updates by phone and/or in writing as your case progresses.

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We are committed to providing excellent service and are continually looking for ways to improve. We monitor our service using client satisfaction questionnaires and feel that the amount of positive feedback we receive from our clients reflects our high standards.

Testimonials

“Your service was very professional throughout, and I was kept informed of progress at all times, very impressed.”

Mr Townsend, Coventry

“Very good and things were thoroughly excellent. True professionals. Also very fast when dealing with customer”

Ms Ehigbor, Surrey

“Helpful, friendly and relaxed, explained everything in ‘English’ not Solicitor speak.”

Mr Richards, Wales

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Terms and Conditions of Service

General Terms and Conditions

Acceptance of Instructions to Act

We can decide whether or not to accept instructions from a client. If we receive a referral/nomination from an Introducer, this does not mean that we have to accept the instruction to act for the client(s) referred. If we refuse instructions we do not have to give a reason, though we will never refuse instructions for unlawful or discriminatory reasons.

GWlegal is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity Policy.

Data Protection

We will control and process your personal information in accordance with the Data Protection Act 1998. We will use the personal information that you provide to deal with your case and carry out our duties to you. We may disclose your personal information to other companies should the need arise during the progress of your case. We will also use your personal information for administrative, accounting, monitoring, research and marketing purposes; statistical analysis; security vetting and client services. By providing your personal

information to us, you expressly authorise us to process that information for the purposes set out in this paragraph. You can at any time request from us a copy of all information that we have regarding you (for which we may charge a fee of £10.00 ) and correct any inaccuracies in it. If you provide information to us about another party, you confirm that such party authorised you to do so and consents to our processing that personal information.

Regulation

GWlegal is the trading name of Goldsmith Williams Solicitors who is authorised and regulated by The Solicitors’ Regulation Authority under number 48089. We are not authorised by the Financial Conduct Authority, so we cannot give you investment advice nor can we advise you about mortgage products. Using your information we will process any data that we have about you in accordance with the Data Protection Act 1998.

Copyright

We retain copyright in documents that we provide to you or a third party on your behalf. You can use the documents solely for the matter that you have asked us to deal with and not for any other purpose.

Law and Jurisdiction

Our agreement with you to provide legal services and these terms of business are governed by and construed in accordance with English law.

Electronic ID

You may see a charge for carrying out an electronic ID search mentioned in your Terms of Business letter. We may do this because we have to be sure that you are who you say you are and by using the technology available we can search a number of online registers to satisfy ourselves of your identity. You should know that we make a profit on these searches. You will appreciate however that we have a fair degree of administration to do to submit a search, receive the result and consider the result (quite often we need to resubmit

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some outstanding information or make a judgement if the result is not as clear as it could be). The fees that we charge as outlined in your Terms of Business letter therefore covers all the administrative cost to us of making sure that we deal with the question of your ID as smoothly and efficiently as possible.

Your File

Your file is confidential and we will not let anyone see it without your permission. However, your file may be requested in some circumstances.

Where applicable, your lender has the right to see documents relating to your loan. Many lenders will ask you to sign a waiver which allows them to see the whole file, including letters you have sent us and notes we have taken at meetings and during phone calls. However we will always check to ensure you do give your consent for us to do so.

We are proud to be registered as an ISO 9001:2008 quality assured company and as part of this, it may be necessary for us to allow inspectors to view your files. The inspectors will simply check that we gave your case the appropriate attention. They will not disclose any confidential information to anyone else. You may write to us at any point to say that you do not wish your file to be made available for assessment. This will not affect the service you receive from us in any way.

External firms or organisations may conduct audit and quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your files. If you wish us to send a copy of your file to you at any time after your matter has completed please let us know. Such requests must be in writing. Please be aware we are entitled to make a charge that is fair and reasonable taking into consideration the time and effort involved in complying with your request. We can, of course, provide you with a breakdown of our charges for doing. We keep our files for six years in electronic format only (except Wills & Probate or files relating to minors which are kept in paper format indefinitely) and will destroy them thereafter unless you ask us not to. If you do not go ahead with your case, we may destroy your file at any time.

Call Recording

All inward and outward telephone calls are recorded. This is for two reasons:

1. It helps us to have a record of your instructions to us and any information that we give to you over the telephone.

2. We can also use this to monitor the level of service being provided to clients, which assists us in developing our service to clients by providing staff training where necessary.

Copies of Calls

If you want a copy of a recording please ask the person dealing with your matter. It is not always possible to provide a recording as there can be technical problems which lead to calls not being recorded or where we are unable to trace the call. Using your Information

We will use all information you provide primarily for the provision of legal services. However we may also use it for related purposes including updating and enhancing our records, analysis to assist in managing our practice, statutory returns, legal and regulatory compliance.

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Confidentiality

We have a duty to keep information about you confidential. However, we may be required to allow outside organisations access to our files, such as our Regulator, bankers providing funding for your case, the assessors for our ISO 9001:2008 accreditation, any ‘After the Event’ insurers and/or your Introducer.

Money Laundering

We comply with the Money Laundering Regulations Act 2007 and associated legislation (Terrorism Act 2000 and Proceeds of Crime Act 2002). In a situation where you are sending us funds, we reserve the right not to proceed with a transaction should we receive such funds from a source that is different from one already notified, until we can make the necessary investigations about where the funds have come from and who has sent them to us. Therefore, if you fail to tell us that money will be paid to us by a third party, this will cause a delay in proceeding with your matter. If you fail to satisfy us about the source of the money, we reserve the right to stop acting.

If a third party, who is not our client, is sending us money on your behalf, then we must have identification from that person(s) and we also need to know the source of the funds being sent to us, a copy of the bank statement or passbook will be needed.

Outsourcing

We may require external third party companies to undertake work in connection to assist in the smooth running of your matter, such as instructing witness statement takers. We will have an Agreement in place with any such outsourced provider to ensure that we are confident of their ability to work to a certain standard, have the necessary expertise, data security processes and resources to carry it out.

Interest

In accordance with the requirements of the Solicitors’ Accounts Rules 2011, any money received on your behalf will be held in a client account. We will pay a sum in lieu of interest on monies held in line with the terms of our payment of interest policy. It is important to note that interest will not be payable in all cases and that the rate received will be lower than that available to you had the monies been invested privately. The written policy is available on request.

Limitation of Liability

We have compulsory indemnity cover of £3m for each and every claim and for most claims this amount is sufficient, therefore, we limit our liability to this amount, unless there is any fraud or reckless disregard of professional obligations. For matters where the value of the transaction is more than £3m these will be dealt with by way of a separate agreement.

Electronic Communication

We are happy to use email as a way to communicate with you, but you should be aware that confidentiality cannot be ensured nor is delivery of such mail. If you prefer us not to use email, please tell us in writing.

Rights

Any advice that we give is for your benefit, as our client. Third parties may not use or rely on our advice.

Distance Selling

We may not have met with you, in which case the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply. This means you have a right to cancel your instructions to us within fourteen working days of our receipt of your instruction.

Your Right to Complain

As part of our commitment to customer satisfaction, GWlegal has a rigorous complaints procedure that you can access at any time. Please let us know as soon as possible if you have any problems or you would like a copy of our Complaints Procedure.

If you have a complaint about the service you receive from us, at any time, you should raise this with the person responsible for your case. If they cannot resolve the matter then you should speak to the manager of the team. If,

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after that, you are dissatisfied with how your complaint has been dealt with, you should contact our Customer Services Manager, Barbara Hillen on 0345 373 3737, by email bhillen@gw.legal or by writing to us. Your complaint will then be dealt with in accordance with our complaints procedure, a copy of which is available on request. Please do not store up any complaints, please raise them straight away.

If still unresolved at this stage, you may take your complaint to the Legal Ombudsman. Normally, you will have to bring your complaint to the Legal Ombudsman within six months of receiving a final response from us about your complaint and six years from the date of the act or omission giving rise to the complaint or alternatively three years from the date you should reasonably have known there are grounds for complaint (if the act/omission took place before 6th October 2010 or was more than six years ago). Banking Crisis Please note that we will not accept liability to repay monies lost through any banking failure as all monies are placed by us in accordance with the Solicitors Accounts Rules.

All client monies are deposited with either Barclays or Yorkshire Banks. The Financial Services Compensation Scheme (“FSCS”) limit of £85,000 will apply for an individual’s total monies. Please also note that some deposit institutions have several brands which can be checked with

your bank or the FCA (www.fca.org.uk). We would also advise that in the event of a banking failure we may need to disclose clients’ details to the FSCS.

Client Balances

We have a duty under our Code of Conduct to return any monies to you following completion of your matter. If for any reason we are unable to make contact with you, we will therefore need to engage the services of a “tracing agent” who will be able to do this on our behalf. The costs incurred in carrying out this additional work will be deducted from any monies due to you.

Assessment

Under sections 70, 71 and 72 of the Solicitors Act 1974 you are entitled to have our bill of costs assessed by a court. GWlegal is entitled to charge interest on any outstanding amount of the bill in accordance with article 5 of the Solicitors’ (Non-contentious Business) Remuneration Order 2009.

Conveyancing Department Additional Terms and Conditions

Your Mortgage

It is important to remember that GWlegal is not in a position to advise you on the suitability of your mortgage offer, or whether it represents a good deal for you. This is a matter for you and your Introducer. Nor are we in a position to advise you on the level of mortgage payment protection

or life insurance you need – although we highly recommend that you take appropriate advice on this matter. We will act on instructions from your Introducer as if they had come from you, unless you notify us otherwise.

Cancellation Fee

If you decide not to go ahead before your mortgage offer, we will charge you £275 (inc VAT) for the work we have already done. If you decide not to go ahead after your mortgage offer, we will charge you the full fee, plus any fees we have to pay to other people.

A serious warning

When you sign your deeds with us, you are agreeing to make set repayments on your mortgage, which is secured against your property. If you do not keep up these repayments, your lender can take action against you which could mean that you lose your home.

Furthermore, even if the lender does take possession and sells the property, they still have the right to take further action to recover any shortfall between the proceeds of the sale and the amount you owe them. Some lenders cover this risk by asking you to take out a mortgage indemnity policy. However, while this will pay out to cover any shortfall to the lender, the policy provider still has the right to take action against you to recover their loss.

It is vital therefore, that if you

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are experiencing any difficulties whatsoever in making your mortgage repayments, you let your lender know as soon as possible. They can only help you if you let them know, so you must act quickly and not ignore the situation.

Confirming the Details

When we receive your mortgage offer, we will send you the details and conditions of your mortgage. It is important that you read these in detail and ask your Introducer if you are unsure about any of these conditions. It is not our responsibility to advise you on these conditions, it is simply our job to ensure that the terms and conditions are met so that your lender can release your funds.

If you have an existing mortgage, we will assume that any redemption figures we receive from your lender are correct. We do not have the facilities to check these figures, or to know whether any penalty or added interest is justified. If you are in any doubt, you must ask the lender directly to check their figures before completion.

In any case, you should never cancel any Standing Order or Direct Debit to your lender until we advise you that the

loan has been cleared and any charges have been paid in full. If you have any questions about your mortgage or any stage of the process, please do not hesitate to contact us.

Conflict of Interest

We do not act for both the buyer and seller in a conveyancing transaction even where the conduct rules allow us to. In the unlikely event that we are also acting for your Introducer in the same matter and a conflict arises we may be obliged to cease acting. We will notify you in writing if a conflict arises and advise you of your options.

Ending the Relationship

You can tell us to stop acting for you at any time. We can only stop acting for you if we have a good reason and can give you reasonable notice. Examples of when we may stop acting are where:

(i) there is a conflict of interests

(ii) the relationship between us breaks down

(iii) we cannot obtain instructions from you or your instructions constantly change

(iv) you fail to provide the necessary identification; or

(v) you fail to satisfy us about the source of any money that you are sending to us

This list is not exhaustive and it merely gives examples. If either of us ends the relationship, you remain liable for our costs and disbursements we have paid on your behalf plus any costs and disbursements for the transfer of your file to your new advisers.

Referral

It is likely that you will have been referred to us by your Introducer. If so, then this introduction is regulated by a Code of Conduct. This is called the SRA Code of Conduct – you can ask us for a copy or you can view it at www.sra.org.uk .

It’s our duty to inform you that we have a financial arrangement with your Introducer. Your Introducer should do so as well. Please see our Terms of Business letter for a breakdown.

Despite any financial arrangement, any advice that we give you is independent and you are free to raise questions on any aspect of the transaction and of course you are free to choose another solicitor to act on your behalf.

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Your Best Interests

If you are charged a fee by your Introducer for arranging your mortgage we will include this on your completion statement and, provided we have your signed authority to do so, will deduct this from you and pay it to your Introducer.

We have had over 30 years’ experience and can say that the majority of our clients have preferred to have a third party Introducer assisting on their behalf through a case. Introducers know us, the procedures involved, the legal language used, what our service levels are and can question us if they don’t believe things are progressing as they should. It is entirely your decision as to whether instructing an Introducer is right for you and that their service is of sufficient value to you in terms of spending the time and effort in seeing your case through. Introducers can remove the hassle and worry that some legal cases can sometimes create, leaving you to get on with what you need to do.

All our clients are asked at the end of a transaction to complete a “Client Satisfaction Questionnaire” for feedback on how well they rate the over all experience. Our Code also prohibits us from acting for any clients who have been acquired as a result of marketing or publicity or other activities which, if done by a person regulated by the SRA, would be in breach of any of these rules.

This means we cannot act where you have been referred to us by an Introducer:

• using misleading or inaccurate publicity;

• making unsolicited visits or telephone calls (“Cold Calling”);

If you feel that either of these points relate to you please let us know as soon as possible as we will be unable to act for you.

We confirm that the information disclosed by you to us will not be disclosed to your Introducer without your consent.

Whether you are recommended to us or not you are always free to choose another solicitor.

Legal and Admin Fee

The “Legal and Administration Fee” comprises our basic fee for the core conveyancing work, without any complicating factors which may lead to unexpected and time consuming additional work, or to further fixed add-on fees relating to specific issues. It also includes (if you have an Introducer who has recommended you to us) the fee the Introducer is charging you for the additional steps they are taking in working together with us. Where applicable, the amount paid to us and the amount paid to the Introducer are clearly distinguished. The Introducer’s fee may be in addition to any fee you have separately negotiated or been charged by your Introducer. If you are in any doubt you should

check this with the Introducer direct. If we do not hear from you, this is the fee that we will be paying the Introducer on your behalf, and including in our bill to you. If you require further information about this arrangement please let us know.

Our policy on our fee charging is to be as transparent as possible whilst complying at all times with the SRA Code of Conduct. We are committed to ensuring that you are aware of what our charges are and when we use a separate but connected company why we do so and what that means to your pocket. Where we work with Introducers who refer cases to us we are committed to ensure that they comply with their obligations under the Code of Conduct and for these reasons if you are unhappy in any respect with either the method of our charges or you consider that any other aspect of our business dealing with you or your Introducer is less than transparent we wish to hear from you and upon hearing we will act on any such concerns.

Unsecured Loans

If we accept instructions to pay off any loans on your behalf, then we will make a charge additional to those set out in our initial letter.

We cannot tell you what that amount will be until we know how many loans there are and how much work this will involve.

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Stamp Duty Land Tax (SDLT)

We will advise you if any SDLT is payable and it will depend on the current rate. If it is payable, then we must receive the amount needed before we complete the transaction. If you fail to pay prior to completion then we can refuse to complete the transaction. If SDLT is payable it will be deducted from the advance monies on completion. We must also have a signed SDLT form. If you delay in returning the SDLT form to us and penalties are incurred because of this, then you will be responsible for payment of the penalty.

Exceptional Expenses

Outside of our fixed fees included in the legal and administration there are inevitably some extra charges that you need to be aware of. These will often be what we term as exceptional expenses that are non standard such as having to indemnify you against a lack of right of way over the property you are purchasing. It is not always possible to identify these at the start of the case but as soon as we do realise they have to be paid we will of course let you know how much.

We always act in your best interest and for that reason we are happy to explain to you why we place our business with Dual for indemnity policies, as follows:

• This firm specialise in dealing with property- related indemnity policies.

• They are competitive in the market place

• They have in-depth knowledge of the market

• They undertake proper meaningful comparisons

• They review the market and competitors’ regularly;

• They provide comprehensive cover on a par with other policies in the market place

Telegraphic Transfer Fee (TT)

On completion of your purchase we have to send your monies by Telegraphic Transfer to the sellers’ solicitors. Where we are dealing with redeeming a mortgage for you then quite often the lender will require the funds due to them to be sent by TT through our bank. The fee is a profit charge for carrying out this important work on your behalf. It is not the fee charged by the bank.

Your new lender may also transfer your money to us electronically and charge you for this. If so, you may see two sets of transfer fees on your account. Please note that these are separate charges for separate transfers. If you would like us to send any balance to you on completion by money transfer, then we will be happy to do so, saving you normal bank clearing time. There is a charge for this.

Please note that included in this fee is also a charge we are paying to have your bank account details verified by an independent third party. This

is to ensure that the money we send to you is directed to your correct bank account. We are bearing the cost of this service for your protection.

Payment of Costs

All costs and disbursements must be paid to us before completion; otherwise we have the right to refuse to complete the transaction.

If you wish to pay our costs or any disbursements by credit card please note that there is an additional surcharge of 2.5% to cover administration costs. The 2.5% will be charged every time a credit card is used for any additional payments. There is no surcharge when using a debit card.

Financial Services Insurance

If we carry out a service for you where we, for example, arrange an insurance policy such as for defective title insurance or unoccupied property indemnity then the following notice applies:

GWlegal is not authorised by the Financial Conduct Authority. However, we are included on the register under reference LS 48089 maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is

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regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at: www.fca.org.uk.The Law Society in England and Wales is a designated professional body for the purposes of the Financial Services and Markets Act 2000. The Solicitors Regulation Authority is the independent regulatory complaints-handling arm of the Law Society.

We do not conduct an analysis of the market each time we recommend an insurance product to you and we are not contractually obliged to do so. You can request details of the insurance undertakings that we conduct business with and we will provide you with the relevant details.

Marketing

We may from time to time use your data to market our other products and services or pass your details to reputable third parties to do so. If you do not wish this to happen you may opt-out by ticking the appropriate box in the Client Property Questionnaire.

Conveyancing Quality Scheme

As a member we now have some professional obligations to follow which will apply to your transaction. If you require further information this can be accessed by visiting the Law Society website

www.lawsociety.org.uk/practicesupport/conveyancing.page

Lawyer Checker

You may see in the Fee Sheet sent to you at the start of the transaction an item referred to as Lawyer Checker. This is a fee charged by us to check the bank details of the conveyancers on the other side of your transaction. We do so by requesting this confirmation from a third party. This is for your protection to ensure that we do not send funds to an incorrect or fraudulent bank account.

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Your Notes 24

Your Notes 25

GWlegal is the trading name of Goldsmith Williams Solicitors. Goldsmith Williams Solicitors is authorised and regulated by the

Solicitors Regulation Authority under number 48089. Calls charged at local rate.

0345 373 3737

gw.legal

If our dedicated team of experts can offer any assistance we’d be delighted to hear from you

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