Your guide to Conveyancing - Goldsmith Williams Solicitors

Your guide
to Conveyancing
Contents
What you can expect from
Goldsmith Williams
1
Summary of
The Conveyancing Process: Buying
2
Summary of
The Conveyancing Process: Selling
Our Fees
9
The GW Account
10
Everyday Legal
11
3
Premier Client Club
12
Searches: Explained
4
Recommend a Friend
13
The CQS Client Charter
6
Frequently Asked Questions
14
The Buying Process: Explained
7
Testimonials
15
Identification
8
General Terms and Conditions
16 - 19
Conveyancing
Terms and Conditions
Acceptance of Instructions to Act
Data Protection
Regulation
Copyright
Law and Jurisdiction
Electronic ID
Your File
Call Recording
Copies of Calls
Using your Information
Confidentiality
Money Laundering
Outsourcing
Interest
Limitation of Liability
Electronic Communication
Rights
Distance Selling
Your Right to Complain
Banking Crisis
Client Balances
Assessment
Your Mortgage
Cancellation Fee
A Serious Warning
Confirming the Details
Conflict of Interest
Ending the Relationship
Referral
Your Best Interests
Legal and Admin Fee
Unsecured Loans
Stamp Duty Land Tax (SDLT)
Exceptional Expenses
Telegraphic Transfer Fee
Payment of Costs
Financial Services Insurance
Marketing
Conveyancing Quality Scheme
19 - 23
What you can expect
from Goldsmith Williams
You’ve found the
perfect property, so
let’s get you in it as
quickly as possible!
With over 30 years experience
in conveyancing, Goldsmith
Williams have a fantastic
team of legal experts in
place to make your move as
quick and easy as possible.
1
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 The first section explains what
Goldsmith Williams, you’ll get: happens in the conveyancing
process, outlining what you
• The whole process explained need to do and what we’ll do
from the start
for you.
• Friendly and knowledgeable The second section, called
staff who are available
Terms and Conditions of
9.15 – 5.15 Mon - Fri
Service, details specific
information about
•w Regular updates by
Goldsmith Williams and
wphone and/or in writing,
your conveyancing journey.
was your case progresses
It includes such information
about how we use your
• Fixed costs, so no nasty
information, our complaints
hidden surprises.
procedure and information
about fees.
With the help of this brochure,
we’ll take you step-by-step
We appreciate that there is a lot
through your sale and/or
of information to take in, but
purchase.
please take the time to read it
all. It could be instrumental in
helping you move sooner.
Summary of The
Conveyancing
Process: Buying
2
Send written instruction
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.
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.
Get the contract from the seller’s solicitor
Check the title
Apply for searches inc. Local Authority
Search and raise any enquiries
Send the contract and full report to you
Sign the contract
Ensure searches and enquiry
answers are checked and approved
Acknowledge your mortgage offer and bring
any special conditions to your attention
Sign the mortgage documents
Check contracts are exchanged, completion
date confirmed and the transfer deed has
been signed by the seller
Request mortgage funds and
balance of purchase monies
Ensure the mortgage advance and balance
of purchase monies are received
Carry out final Land Registry searches
Complete your transaction
Move in
Summary of The
Conveyancing
Process: Selling
3
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.
The good news about
selling a property is it’s
usually a simpler process
than buying one!
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.
Complete and return any forms
we send as soon as possible
Prepare a draft 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
figure for your existing mortgage
Prepare a statement detailing the balance
due to you or extra payments required
Receive transfer deed from buyer’s solicitor
Sign the transfer
of your property
Check we have received buyer’s
money and then hand over keys.
4
Searches: Explained
“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.
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
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.
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 £250
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.
You have two choices as to the
way in which these searches
are carried out.
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.
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
are buying is more than £1
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
searches required for the
particular property
5
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.
you can and let us have your
additional payment of £350.
will cost less than the fixed
fee. In the latter case ASL will
keep the surplus and in the
Goldsmith Williams also offers former case they will stand the
an option (which is part of the loss. ASL is a company wholly
Search Bundle service) which owned by two partners of
speeds up the search process. Goldsmith Williams; therefore
those partners obtain an
Full local searches involve
indirect benefit to the extent
correspondence with the
that ASL makes a profit from
local authority and can take a instructions we give them.
long time (the local authority
However, this only serves to
is frequently slow to answer)
ensure that the partners at all
as well as being expensive,
times keep in mind that ASL
and this can delay the
must perform to the highest
conveyancing process. In most standards to maintain the
cases we can avoid this.
reputation of the firm. We
are satisfied that it is in your
We use a specialist search
best interests to make these
agency, Amber Searches
arrangements through a
Ltd (“ASL”), through which
reputable search agency and
Urgency
searches are carried out and
that ASL is a sound choice
arranged. In any case in which for those reasons. Although
Sometimes even a day in the
we do not advise full local
ASL is not regulated by the
conveyancing process can
searches (which we will in
Solicitors Regulation Authority
make the difference between certain unusual circumstances and you do not have the same
being in a position to exchange and will inform you if this
protections as if Goldsmith
contracts and running the
applies) ASL arranges a
Williams carried out this work
risk of losing your chosen
personal search of the key
itself ASL is regulated by the
property. Contracts cannot
registers, rather than relying
Financial Conduct Authority.
safely be exchanged until all
on the local authority to supply
the required searches have
the answers. It also arranges
Because of our close
been completed. We are sure
insurance against the risk
relationship with ASL we
that you would wish us to
of their being any adverse
do not have to pay for their
press on with your purchase
entry on the registers. This
services in advance, which
as quickly as we can and to
is an entirely safe basis on
is why we do not require a
minimise any possible delay.
which to proceed unless we
payment from you in respect
The overwhelming majority
advise otherwise because (for of the cost of searches when
of our clients choose our
example) of the high value of
you choose the Search Bundle
all-inclusive Search Bundle.
the property. ASL regularly
option.
For these reasons we will
monitors the market for private
proceed on the assumption
search agencies and insurance
that this will be your choice
products to ensure that the
where your purchase price is
right choices are made for you.
less than £1 million, unless we
advise you otherwise.
The fixed Search Bundle fee
is paid to ASL. Because of the
If you would prefer not to
“winners and losers” point
choose this option and wish
made above there will be cases
us to charge you the direct
where it will cost ASL more to
cost of the required searches
carry out the work than the fee
please let us know as soon as paid. In other cases the work
6
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: [email protected]
The Buying Process: Explained
7
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!
Identification
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.
8
Our requirements are as
follows:
We will also need to carry out
an additional electronic check
of your identification at a cost of
£8.51 plus vat; 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
If you have come to us directly, to the above but we’ll let you
we will require you to send us know as soon as we can if
original ID through the post.
that’s the case.
We require one of the following
forms of identification per
person from list one and two
from list two here >
Important
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.
List one:
Photo I.D.
List two:
Proof of Residence
• Valid passport
Please ensure you also
• Utility bill
• 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.
• Bank or credit card
statement
• Official government/
agency correspondence
Our Fees
9
At Goldsmith Williams, we
prefer to be upfront and
honest about our costs.
After all, if your fees are as
competitive as ours, you’ve
got nothing to hide.
For a full breakdown of
our fees, please see the fee
information sheet which
is enclosed within our
Terms of Business letter.
Initial Payment
Title Indemnity Insurance
This is a payment of £250 to
cover all preliminary costs,
excluding search fees.
Occasionally, we will look into
the title of your new property,
we may find problems e.g.
a building extension which
did not have consent. If this
is the case, your lender may
ask you to take out Indemnity
Insurance which would cover
you against any potential legal
action arising from the lack of
planning consent.
The Goldsmith Williams Account
10
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
Goldsmith Williams
account.
By creating an account, you’ll be able to:
View and update account details
View case progress
Send messages relating to a case
Upload documents
View previous quotes
Make payments relating to a case
Leave feedback
Earn money by recommending
family and friends
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 App
Get instant access to your case by downloading the
free Goldsmith Williams App.
What’s more, enable the push notifications and you’ll
receive immediate updates as your case progresses.
You’ll also have access to Everyday Legal, our free legal
advice service, offering help and information on a
number of everyday legal issues.
Available on Android and iPhone, simply search for ‘GW
Solicitors’ in the App Store or on Google Play.
Everyday Legal
11
Free legal help from
Goldsmith Williams
Whilst you need our
assistance in your current
case, not every legal issue
needs the professional
advice of a solicitor. Often you
can handle the situation on your own –
you just need a few pointers.
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.
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 –
www.goldsmithwilliams.co.uk/everyday-legal - as well as through
our free mobile app. Simply search GW Solicitors in the App Store
or Google Play.
Premier Client Club
12
At Goldsmith Williams, 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.
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*
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 www.goldsmithwilliams.co.uk/gwpremier for more information.
* not including VAT/Disbursements
Recommend a Friend
13
Impressed 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
Care Home Fees
£75
It’s so easy to recommend us to family and friends. Simply log on or create a
Goldsmith Williams account by visiting www.goldsmithwilliams.co.uk/account/
login. 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
Frequently Asked Questions
How 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.
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
• The complexity of the
your lender will have
transaction eg. it will take
obtained a valuation survey
longer if the property
on the property. Unless you
is leasehold
instructed them to carry out
a homebuyer’s or structural
• The searches or enquiries
reveal something unexpected report at the same time
the survey carried out was
A standard freehold purchase purely for your lender’s needs
and will not give you any
will normally take 4 - 6
details about the state and
weeks but if title problems
condition of the property.
arise or there is a long chain
it could take longer.
There may be defects or faults
in the property which are not
When should I book
revealed by the inspection
removals?
carried out by the lender’s
It is best to avoid booking your valuer, or there may be things
removals until after contracts missing from or things not
have been exchanged. At that accurate in the report. These
do not matter to the lender but
time removal arrangements
may matter to you. You will
can be confirmed to the
not be able to rely on what was
company. Before exchange
said in the valuation, nor take
the moving date is not
any action against the lender
definite and you may incur
or the valuer who carried out
extra charges should the
the report for the lender.
date have to be changed.
Can I complete on a Saturday? We would always recommend
you obtain your own report
before you go ahead with
No. The electronic banking
the purchase.
system only works MondayFridays. In addition most
When should I cancel
law firms do not work on a
my direct debits to my
Saturday. Therefore your
existing mortgage lender?
completion has to take place
between Monday-Friday.
You should not cancel
direct debits until you have
been advised by us that
completion of the sale has
taken place. If you have
14
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.
Testimonials
15
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.
“Your service was very
professional throughout, and I
was kept informed of progress
at all times, very impressed.”
“Very good and things were
thoroughly excellent. True
professionals. Also very fast
when dealing with customer”
Mr Townsend, Coventry Ms Ehigbor, Surrey
“Helpful, friendly and relaxed,
explained everything in
‘English’ not Solicitor speak.”
Mr Richards, Wales
16
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.
Goldsmith Williams 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
Goldsmith Williams 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 which cost
us currently 80p per name.
You will appreciate however
that we have a fair degree of
administration to do to submit
a search, receive the result
17
and consider the result (quite
often we need to resubmit
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.
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
Your File
completed please let us know.
Such requests must be in
Your file is confidential and we
will not let anyone see it without writing. Please be aware we
are entitled to make a charge
your permission. However,
that is fair and reasonable
your file may be requested
taking into consideration the
in some circumstances.
time and effort involved in
complying with your request.
Where applicable, your lender
We can, of course, provide
has the right to see documents
you with a breakdown of
relating to your loan. Many
our charges for doing.
lenders will ask you to sign a
waiver which allows them to
We keep our files for six years
see the whole file, including
in electronic format only
letters you have sent us
(except Wills & Probate or
and notes we have taken at
files relating to minors which
meetings and during phone
are kept in paper format
calls. However we will always
indefinitely) and will destroy
check to ensure you do give
them thereafter unless you
your consent for us to do so.
ask us not to. If you do not go
ahead with your case, we may
We are proud to be registered
destroy your file at any time.
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
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.
18
Confidentiality
Outsourcing
Electronic Communication
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.
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.
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.
Interest
Distance Selling
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.
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.
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.
Rights
Any advice that we give is
for your benefit, as our client.
Third parties may not use
or rely on our advice.
Your Right to Complain
As part of our commitment
to customer satisfaction,
Goldsmith Williams has a
Limitation of Liability
rigorous complaints procedure
that you can access at any
We have compulsory indemnity
cover of £3m for each and every time. Please let us know
as soon as possible if you
claim and for most claims this
have any problems or you
amount is sufficient, therefore,
would like a copy of our
we limit our liability to this
Complaints Procedure.
amount, unless there is any
fraud or reckless disregard of
professional obligations. For
If you have a complaint about
matters where the value of
the service you receive from us,
the transaction is more than
at any time, you should raise
£3m these will be dealt with by
this with the person responsible
way of a separate agreement.
for your case. If they cannot
resolve the matter then you
should speak to the manager
of the team. If, after that, you
are dissatisfied with how your
19
complaint has been dealt
with, you should contact our
Customer Services Manager,
Barbara Hillen on 0845 373
3737, by email bhillen@
goldsmithwilliams.co.uk 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.
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
If still unresolved at this stage,
the services of a “tracing agent”
you may take your complaint
who will be able to do this on
to the Legal Ombudsman.
our behalf. The costs incurred
Normally, you will have to bring in carrying out this additional
your complaint to the Legal
work will be deducted from
Ombudsman within six months any monies due to you.
of receiving a final response
from us about your complaint
Assessment
and six years from the date of
the act or omission giving rise to Under sections 70, 71 and 72 of
the complaint or alternatively
the Solicitors Act 1974 you are
three years from the date you
entitled to have our bill of costs
should reasonably have known assessed by a court. Goldsmith
there are grounds for complaint Williams is entitled to charge
(if the act/omission took place
interest on any outstanding
before 6th October 2010 or
amount of the bill in accordance
was more than six years ago).
with article 5 of the Solicitors’
(Non-contentious Business)
Banking Crisis
Remuneration Order 2009.
Please note that we will not
Conveyancing
accept liability to repay monies Department Additional
lost through any banking
Terms and Conditions
failure as all monies are placed
by us in accordance with the
Your Mortgage
Solicitors Accounts Rules.
It is important to remember
All client monies are deposited that Goldsmith Williams is
with either Barclays or Yorkshire not in a position to advise
Banks. The Financial Services
you on the suitability of your
Compensation Scheme (“FSCS”) mortgage offer, or whether
limit of £85,000 will apply for an it represents a good deal for
individual’s total monies. Please you. This is a matter for you
also note that some deposit
and your Introducer. Nor are
institutions have several brands we in a position to advise
which can be checked with
you on the level of mortgage
your bank or the FCA (www.fca. 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 £250 (plus
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
20
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.
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
Confirming the Details
We do not act for both the buyer
and seller in a conveyancing
When we receive your
transaction even where the
mortgage offer, we will send you conduct rules allow us to. In the
the details and conditions of
unlikely event that we are also
your mortgage. It is important
acting for your Introducer in
that you read these in detail
the same matter and a conflict
and ask your Introducer if
arises we may be obliged to
you are unsure about any of
cease acting. We will notify you
these conditions. It is not our
in writing if a conflict arises and
responsibility to advise you on
advise you of your options.
these conditions, it is simply our
job to ensure that the terms and Ending the Relationship
conditions are met so that your
lender can release your funds.
You can tell us to stop acting
for you at any time. We can
If you have an existing
only stop acting for you if we
mortgage, we will assume that
have a good reason and can
any redemption figures we
give you reasonable notice.
receive from your lender are
Examples of when we may
correct. We do not have the
stop acting are where:
facilities to check these figures,
or to know whether any penalty (i) there is a conflict of interests
or added interest is justified. If
you are in any doubt, you must (ii) the relationship between
ask the lender directly to check us breaks down
their figures before completion.
(iii) we cannot obtain
In any case, you should never
instructions from you or
cancel any Standing Order
your instructions
or Direct Debit to your lender
constantly change
until we advise you that the
(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.
21
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 .
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.
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.
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.
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.
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.
Your Best Interests
This means we cannot act
where you have been referred
to us by an Introducer:
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
• 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.
22
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.
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
• 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
Outside of our fixed fees
by Telegraphic Transfer to the
included in the legal and
sellers’ solicitors. Where we
administration there are
are dealing with redeeming a
inevitably some extra charges
mortgage for you then quite
that you need to be aware of.
often the lender will require
These will often be what we
the funds due to them to be
term as exceptional expenses
sent by TT through our bank.
that are non standard such as
The fee is a profit charge for
having to indemnify you against carrying out this important
Unsecured Loans
a lack of right of way over the
work on your behalf. It is not
property you are purchasing. It the fee charged by the bank.
If we accept instructions to
is not always possible to identify
pay off any loans on your
these at the start of the case
Your new lender may also
behalf, then we will make a
but as soon as we do realise
transfer your money to us
charge additional to those
they have to be paid we will of
electronically and charge
set out in our initial letter.
course let you know how much. you for this. If so, you may see
two sets of transfer fees on
We cannot tell you what
We always act in your best
your account. Please note that
that amount will be until
interest and for that reason we
these are separate charges
we know how many loans
are happy to explain to you
for separate transfers. If you
there are and how much
why we place our business
would like us to send any
work this will involve.
with Isis for indemnity
balance to you on completion
policies, as follows:
by money transfer, then we
Stamp Duty Land Tax (SDLT)
will be happy to do so, saving
• This firm specialise
you normal bank clearing time.
We will advise you if any SDLT in dealing with propertyThere is a charge for this.
is payable and it will depend
related indemnity policies.
on the current rate. If it is
payable, then we must receive
• They are competitive in the
market place
23
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:
Goldsmith Williams 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 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
24
Your Notes
25
Your Notes
If our dedicated team of experts
can offer any assistance we’d be
delighted to hear from you
0845 373 3737
or alternatively, visit
www.goldsmithwilliams.co.uk
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This brochure is available in larger print at your request.
The information contained in this brochure is subject to change but is correct at the time of print.
CONVEYANCING | REMORTGAGE | PERSONAL INJURY | WILLS & PROBATE | EQUITY RELEASE | BUY-TO-LET | FINANCIAL CLAIMS | CARE HOME FEES
Goldsmith Williams Solicitors / Mersey Chambers / 5 Old Churchyard / Liverpool / L2 8GW
DX address 14186 Liverpool. Goldsmith Williams is authorised and regulated by
the Solicitors’ Regulation Authority under number 48089 © Goldsmith Williams Solicitors. http://www.sra.org.uk
0166/034/250815