Conveyancing: tailoring information to a client's needs

I have mentioned previously that it is good practice to keep clients informed and ensure that there are no barriers to them asking questions relating to a transaction. You might consider that by providing all information to the client you are avoiding claims against you.

However, it occurred to me that this could also lead to situations where we are inundating our clients with information.

Differing approach

Consider if your approach would differ depending on who your client is; if your client is a first-time buyer, would you give them more, less or the same amount of information than a client who is buying their fifth property?

I am not necessarily saying that we should give less information to the experienced buyer. Instead, I think we need to keep in mind who our client is and what they are looking to achieve. With that focus, you should be able to conclude that the information we give to clients is not gaged on 'more' or 'less', but on what is relevant.

Using our first-time buyer example again, would you be more likely to go through each of the property searches, title documents and replies to enquiries with the client simply because it makes the client feel comfortable knowing that you are doing a thorough job?

You will do the same thorough job for the experienced buyer, but you may have clearer instructions about what the client is looking for or what their intentions are for the property. Therefore, a purchase report which may list every restrictive covenant in a conveyance for the first-time buyer will become a report listing one or two pertinent restrictive covenants for the experienced buyer.

Guided intentions

The same principles apply not just on the experience of the client, but also the intentions of the client. A conveyancing client may be an investor, developer or occupier and each will have different needs when it comes to the conveyancing process.

An investor will be looking at a property to buy quickly, renovate and then perhaps let or sell on for a profit. As such, you need to highlight any issues that would prevent your client's goals or, at least, make them more difficult to achieve. For example, a defect in the title may take a long time to rectify, which may result in a profitable project becoming less so. This client is not likely to be concerned about a restrictive covenant preventing the property from being used as an ale house or slaughter house.

A developer is going to be carrying out construction works and likely going to be mainly concerned with issues preventing development. So, restrictive covenants will be key here, perhaps even mineral rights.

Then there is the occupier who, in all honesty, is going to want to know more than either of the above. Bear in mind the client who wants to build that extension.

Of course, the above does not constitute a hard and fast rule. As we all know, each case will turn on its own facts and more often than not something out of the ordinary crops up.

Informed choice

What I have tried to indicate is that a general policy of sending out to the client every bit of information we glean from the conveyancing process is not always the best approach.

It is a fundamental part of our role to collate and interpret information for our clients to ensure that they are making an informed choice about whether to proceed or not.

Too many times I have seen reports sent to clients with bundles of searches and title documents attached with the most basic of explanations, sometimes just directing the client to read the relevant parts themselves. Is that what we are paid to do?

The client must be able to make an informed decision to proceed. Even if you have a signed acknowledgment saying the client has read the report and understands it, if the report does not do what it should do, taking into consideration the nature of the client and their intentions, then we have not done our job and we are exposing our firms to potential claims. SJ

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