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Joint owners - instructions? Print
If you act on behalf of joint buyers, then you should always check what the joint purchase arrangements are (ie is it a joint tenancy or are they to be tenants in common?). So:
  • you should specifically raise this issue with the clients (rather than relying on them to raise it with you;
  • do not make assumptions (eg that H and W want to hold property as joint Ts);
  • be aware of potential conflicts of interests (eg if an elderly relative is contributing to the purchase price, then be aware of the dangers of undue influence, and consider separate representation – as well as making the usual enquiries about how the property is to be jointly owned);
  • make a specific note in your file of what you were told the arrangements were (and the advice you gave). It is not good enough to rely upon your ‘normal practice’ unless you make a note of it;
  • if the clients are to be joint tenants, then explain to them exactly what that means (ie the right of survivorship). Do they really understand that? If they are to be tenants in common, then you should advise them as to the merits of an agreement setting out precisely how disputes are to be resolved (eg if one of them vacates, wants to buy the other out, or wants to sell).

All of this is really basic stuff – but experience shows that there are many conveyancers out there who do not properly advise on these issues.

May 2006
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