"This guidance only applies to cases where contracts have already been exchanged and the parties involved have been unable to agree on a delay in completion."
The guidance has been prepared by a group which includes the Law Society, the Society of Licensed Conveyancers, the Chartered Institute of Legal Executives, Bold Legal Group and the Conveyancing Association, and has the support of Government departments including HM Land Registry.
The guidance aims to help conveyancers assist clients and comply with the latest Government Regulations and Guidance on home moving, which states that:
• Home buyers and renters should, where possible, delay moving to a new house while measures are in place to fight coronavirus and in accordance with Government guidance.
• If the client has already exchanged contracts, and the property is currently occupied, then all parties should work together to agree a delay or another way to resolve this matter.
• If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus.
The guidance also covers advice for clients who have already exchanged contracts, haven't yet exchanged, or who have to move during the current restrictive period.
In terms of amending existing contracts, the stakeholder group has worked together and agreed a draft clause and the process for firms to follow when varying a completion date.
The guidance sets out the need for conveyancers to exchange a written agreement to alter the existing contract, to e-sign or authorise the conveyancer to sign on the client’s behalf, to formally exchange documents and to ensure clients are fully advised in accordance with their own circumstances. It also outlines how firms might wish to consider issues that may arise around the client’s mortgage, searches and any additional costs that might be involved.
It also urges firms to treat every case on an individual basis and amend any clauses or processes according to the individual needs of the client.
The Guidance can be downloaded by visiting the CA’s home page at www.conveyancingassociation.org.uk and looking in the Featured Downloads section.
Paul Smee, chair of the Conveyancing Association, commented: “At present, home moves should not be contemplated unless the need to move is critical. So, this guidance only applies to cases where contracts have already been exchanged and the parties involved have been unable to agree on a delay in completion. It outlines the relevant requirements that have been put in place by the Government to counter the spread of the virus, and what conveyancers need to do to work within them. Home moves can only occur where it is safe for them to do so. Some cases will have special features on which specific advice will be needed and home buyers and sellers should always talk to their conveyancer.
“Firms should be prepared for a changing situation and their service will need to respond flexibly in order to comply with the Government’s evolving objectives. To that end, we are also able to provide members with access to business continuity guidance, provided by both individual member firms and the SLC, which is available on the CA website.
“This has been a real collegiate effort amongst a range of conveyancing trade and sector bodies, plus the regulators and Government departments such as HM Land Registry, to provide this supplementary guidance that should help firms to work through such cases.”
