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What happens if conveyancing deeds are lost in the post, following
completion? Under the Protocol, unless otherwise agreed, the parties will
be using the Law Society’s Code for Completion by Post, in which case
Para 10(ii)b applies.
Thus the seller undertakes to send the deeds by firstclass
post or DX to the buyer as soon as possible after completion and in
any event on the same day. Thus the risk is with the buyer’s solicitor.
The seller’s solicitor undertakes:
(i) immediately completion has taken place to hold for the buyer’s
solicitor’s order the (deeds, keys, etc) and not to exercise a lien over
any such item;
(ii) as soon as possible after completion, and in any event on the same day
(a) to confirm to the buyer’s solicitor by telephone or fax that
completion has taken place; and
(b) to send written confirmation and, at the risk of the buyer’s
solicitor, the (deed, keys, etc) to the buyer’s solicitor by firstclass
post or document exchange.
© Practical Lawyer
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November 2007 |
