Dissent has escalated among some conveyancers over an updated Law Society property form to support National Trading Standards guidance on ‘material information’. Members of an 'action group' today demanded a special general meeting to hold a no-confidence vote in Chancery Lane.
The Property Lawyers Action Group (PLAG) told the Gazette that it has more than the 100 signatories required to call an SGM. A formal request has been submitted to Chancery Lane.
PLAG describes itself as a 'values-driven organisation comprised of practising lawyers, committed to promoting the best interests and well-being of lawyers, and property lawyers in particular, and influencing decisions which affect the legal property sector generally'. PLAG's Colin McWilliams told the Gazette the group does not keep a definitive list of members and would not disclose how big it is or who has joined.
McWilliams said the signatories demanding an SGM are members of the Law Society and the vast majority are solicitors who carry out conveyancing.
PLAG initiated the process for calling an SGM soon after publishing the Society’s response to a freedom of information request. The full National Trading Standards (NTS) guidance was published last year. The latest version of the TA6 form was released in March and becomes mandatory this month for firms with Conveyancing Quality Scheme accreditation.
The Society told PLAG that it had been invited to take part in a working group on the development of National Trading Standards’ guidance. ‘Our representative was a conveyancing and land law committee member who currently practises residential conveyancing. We do not hold any information on the total number of solicitors currently practising in residential conveyancing who took part in the consultation with NTS as it was not our project,’ the Society said.
On concerns that the guidance does not accurately reflect the law, Chancery Lane said it was not asked by NTS to approve the guidance ‘and this was not our role in participating in the working group, so we have not sought legal advice on the issues you have mentioned concerning the [National Trading Standards] guidance. Our role on the group, as with the other members, was purely to provide input to its development’.
Asked how many solicitors were involved in the latest version of the Society’s TA6 property form, the Society said: ‘Four of the members practise currently, other members of the group actively advise practitioners day to day, operate as consultants within their firms and bring a wealth of experience of development of the forms over many years.’
On overlap between the fifth edition of the TA6 form, BASPI [Buying and Selling Property Information form designed by the Home Buying and Selling Group] and PropertyMark Property Information questionnaire, the Society said no external organisations were involved in the TA6 form. ‘Overlap in content is to be expected given the nature of the exercise,’ the Society said.
The Society published responses to 'frequently asked questions' on the latest TA6 form this week and pledged better communication the next time it makes significant changes.
A spokesperson for the Society said: 'It is disappointing that PLAG has felt it necessary to take this step. The transformation of the home buying and selling process is both inevitable and ongoing in our digital age and it is our goal to support the profession to take a leading role in shaping these longer-term changes. While solicitors play a very important role in the conveyancing process, the changes are ultimately about making that experience easier and better for buyers and sellers.
'Should 100 members support the call for a special general meeting, we will of course hold one as our constitution requires. Our focus however remains on supporting conveyancing solicitors and their firms with the transition to using the new TA6 forms and we have developed a range of resources to assist.'
