Cleversons Solicitors - Conveyancing Terms & Conditions
By signing these Terms and Conditions you are instructing Cleversons Solicitors to undertake the Conveyancing on your property transaction. A supplemental Retainer Letter will be provided to you setting out the exact Scope of Work which will be included within the fees detailed within these Terms and Conditions. These Terms and Conditions and the Retainer Letter combined form the basis of your instructions and detail our obligations to you as our client.
1. Proof of Identity
We will not undertake any work on your transaction until such time as you have provided to us, possibly through a third-party Identification Checking company, with your Identification documentation. The documentation we will require from you will be as follows:
Current Passport (Original); or
Photo Card Drivers Licence
A recent gas, electricity or Other Household bill (but not mobile phone bill. Not less than 3 months old
A Bank Statement not less than 3 months Old.
2. Responsibility for Work
Your transaction will be overseen by Mr David Durkin-Finch, partner at Cleversons Solicitors, and he may be assisted by other members of his team.
3. Scope of Work
In general Terms Cleversons Solicitors will act for you in the Purchase and or sale of your required properties and both where appropriate. Further details of the scope of work will be contained within our retainer documents.
Our scope of work does not include tax advice and you must seek independent advice in relation to Capital Gains Tax or any other tax prior to proceeding with your transaction or exchanging contracts.
Our fees for dealing with your transaction will be fixed. These are dependent on whether you instruct us for a single transaction or and Sale and Related Purchase. Our Fees are loosely based on the number of hours we anticipate spending on dealing with your transaction however are set as policy as a fixed fee. Details of which can be found in the personalised quote you have received.
These fees are based on the following Hourly Rates however will not increase if additional work is required. This is provided such work falls within the scope of work as set out within our Retainer Letter which form a part of these Terms and Conditions.
- Name Grade/Rate
- Mr David Durkin Finch (Solicitor) B/£250.00
- Mr Matthew Waterfield (Litigation Exec) B/£250.00
- Paralegal D/£121.00
5. Expenses (Disbursements)
There will also be additional expenses related to your transaction. Each transaction is unique, and the amount specifically related to your transaction will be set out in our Retainer Letter which forms a part of these Terms and Conditions. Below is an estimate of the fees for your transaction for your information only.
- Land Registry Fees £142.00 (Depending on value of Purchase)
- Identity Checker £24.99
- Searches £300.00 Dependent on your requirement and our advices.
- Bank Transfer Fee £35.00
- Stamp Duty - We will advise you of the amount you will be required to pay in stamp duty when you instruct us.
- Land Registry Fees £9.00
- Identity Checker £24.99
- Bank Transfer Fee £35.00
You are responsible for these fees and will be asked to pay them in advance prior to them being incurred by Cleversons Solicitors on your behalf. These are payable whether your transaction completes or not once incurred. If therefore you are in doubt as to whether you will finalise your transaction, please do not instruct us to undertake searches or any other expensive work to be undertaken by third parties. Cleversons Solicitors accepts no responsibility for invoices rendered by third party providers in relation to your transaction and will seek recovery from you in this regard.
6. Abortive Work
Should your First Transaction fail, whether it be single or related sale and purchase, for any reason we will not charge you our Fees as set out in paragraph 4 above. Any subsequent transactions will incur a charge should the same fail to complete.
The charge will be the full amount minus 15% of the Fees related to your transaction as set out in paragraph 4 above. For example, if a single purchase transaction, where our fees are £650.00 plus VAT fails to complete, we will refund to you £97.50 plus VAT only.
Any expenses incurred as set out within paragraph 5 above are payable whether the transaction completes or not in advance of them being incurred.
7. Taxation Matters & Advice
Cleversons Solicitors do not accept any instructions relating to tax matters and or advice except to complete your transaction and pay the appropriate Stamp Duty payable in relation to your transaction.
Should you feel Stamp Duty does not apply to your transaction you must provide us with the appropriate written advices confirming the same. Should you fail to do so and complete in any event and instruct us not to pay your Stamp Duty as required Cleversons Solicitors will not accept any responsibility in relation to the same.
This firm will assist with the calculation of Capital Gains Tax where appropriate in normal circumstances, however this must be verified by you by an independent tax advisor. If you choose not to then Cleversons Solicitors will not be responsible for any losses, over payments or under payments which occur.
Further Cleversons Solicitors will not be required to advise you in relation to any course of action which could be regarded as abusive within the meaning of Section 207 of the Finance Act 2013.
8. Terms of Business
It is normal procedure for Cleversons solicitors to ask our clients to make payments on account of costs at the outset of their transaction. This includes our full fee and any anticipated Expenses (Disbursements).
Cleversons Solicitors will provide a detailed invoice at the conclusion of your transaction setting out our Fees and Disbursements as detailed in paragraphs 4 and 5 above.
Cleversons Solicitors will not undertake any work on your transaction until such time those fees are paid in full as requested. The fees will be held within our Client Account until such time as your transaction completes or is aborted. At that time, our fees will either be refunded in accordance with paragraph 6 above or paid to us accordingly.
By accepting these Terms and Conditions you agree to pay Cleversons Solicitors their Fees and Disbursements in accordance with the same on demand to be taken from our Client Account.
9. Transmission and Holding of Money
Cleversons Solicitors will provide you with details of our Client Bank Account in writing, by ROYAL MAIL ONLY, at the outset of your transaction to your postal address provided to us. DO NOT send money to Cleversons Solicitors to any other account number or sort code. Cleversons Solicitors will NOT change their bank account details during your transaction.
Cleversons Solicitors accept no responsibility for electronic transmission of funds to any other account than those set out within the letter detailing our Account Details as detailed above.
The Solicitors Accounts Rules require us, in certain circumstances, to pay you money in lieu of interest on general client account funds, which are held for a period of time on your behalf, if this amount exceeds £120.00. Where these rules are applicable, we will pay you a sum equivalent to interest at the rate of 2% below the base rate of Bank of England. This payment will be made to you without the deductions of tax, so it is your responsibility to account to the Inland Revenue for tax (if any) due on this payment. Alternatively, we may arrange for money that we hold for you to be place on deposit with our Bank, in which case our Bank will pay interest net of tax whilst the money in on deposit and we will provide you with a statement in respect of this, when forwarding the net interest payment to you.
Please note that we can not pay out money on your behalf unless we have received funds from you that have cleared through our Client Bank Account.
Any cheques must therefore be provided to us no less than 7 days before the money needs to be paid out. If a longer clearance period is required, we will let you know at the time. Similarly, if we receive any payments by way of cheque for you, that cheque must clear through our Client Bank Account before we can pay these funds out.
Cleversons Solicitors will at all times handle your personal data in accordance with General Data Protection Regulations.
Solicitors are under a professional and legal obligation to keep the affairs of clients Confidential. This obligation, however, is subject to a statutory exception; recent legislation on Money Laundering and Terrorist Financing has placed Solicitors under a Legal Duty in certain circumstances to disclose information to the National Criminal Intelligence Service. Where a Solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the Solicitor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you of that disclosure or that one has been made including the reasons for it because the law prohibits “tipping off”.
Further disclosures of your personal data may occur in accordance with paragraph 12 below.
11. Raising Queries or Concerns with Us
The aim of Cleversons Solicitors is to provide all its clients with an efficient and friendly service.
Whilst we hope and expect you will be satisfied with our work; we realise that we are not perfect. If you feel that you have cause for complaint of any aspect of the service provided by this firm, we would initially invite you to try and resolve matters with the fee earner having conduct of this matter on your behalf.
If matters cannot be resolved to your satisfaction than we would invite you to address your grievance initially in writing to the Senior Partner Mr David Durkin-Finch. On receipt of your remarks, we shall automatically invoke an internal investigations procedure handled by a Partner resulting in a full written response to you. On occasions, we may invite you to attend a meeting to explain the outcome of your investigations in more detail in an effort to ensure that you will receive an adequate summary of the steps taken to resolve any problems. We emphasise that any such complaint will be regarded as an opportunity to improve our service both to yourself and other Clients.
Other members of the firm may be assigned to handle all or part of your case or to assist at certain times. Before transferring responsibility for your case, temporarily or permanently, or adding others to the team we will, where practicable, consult with you and obtain your approval. It is the aim of the firm to keep your informed wherever possible about the progress of your matter. Nevertheless, by the nature of some types of legal work, periods of time my elapse where there are few developments other than purely normal procedural ones. Whilst Clients are always encouraged to feel free to communicate with the person handling their case, we will keep you fully advised about the progress at appropriate junctures. The person dealing with your matter also has an assistant who will be able to assist with any queries or take messages in the event of non-availability.
We try to ensure that the utmost courtesy is afforded to Clients when contacting the practice. Unfortunately, many of the partners and executives have demands on their time during the working day. Please do not be offended if the person concerned is unable to speak with you or if you are asked to leave a message. We shall always endeavour to deal with your enquiry in the shortest possible time and return telephone calls where necessary.
Cleversons Solicitors is committed to high quality legal advice and client care. If you are unhappy about any aspect of the service, you have received or about the bill, please contact Mr Matthew Waterfield at the address, telephone and email details of which are at the head of this letter. We have a procedure in place, which details how we handle complaints, which is available by written request within 7 days.
If you are not satisfied with our handling of your complaint you can ask the Legal Complaints Service or the Legal Ombudsman after 6 October 2010 at Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ, to consider the complaint. Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint.
12. Online Client Portal and Estate Agent/Financial Advisor Portal and Other Third-Party Disclosure
You will be provided with access to our Client Online Portal where you will be able to track the progress of your transaction. Cleversons Solicitors have no obligation to you to provide you with any document or any advice through this Online Portal and may restrict your access to the same for any reason without notice.
Your access to the Online Client Portal will be terminated at the time of Completion once our Invoices have been raised and paid.
In signing these Terms and Conditions you agree to the above terms relating to the Online Client Portal.
As a part of our service to our Client’s and to assist them with the Transaction and to stop unnecessary chasing by Estate Agents and Financial Advisors we have developed an Online Estate Agent Portal. This will only show relevant stages of the transaction and details of where the transaction is within the process. No documentation will be shared with the Estate Agent relating to your transaction other than confirmation that such documentation remains outstanding or has been received. Your Name, Address and Purchase or Sale Address will appear on the Online Estate Agent Portal as well as the other parties Legal Representatives details. In accepting these Terms and Conditions you agree to allow Cleversons Solicitors to share this information.
As a part of your transaction, we will be required to instruct third party providers such as for the purposes of checking your Identity and Identification as set out in paragraph 1 above. Further details of your transaction will be shared with Search Providers and of course the Land Registry and HMRC. In accepting these terms and Conditions you agree to allow Cleversons Solicitors to make these disclosures.
13. Terms of our Retainer and Engagement
These Terms and Conditions and the Retainer Letter which will follow, set out the terms of our retainer with you in full and by accepting these Terms and Conditions and Signing our Retainer Letter you will also be bound by these Terms and Conditions and Terms of Retainer.
14. Electronic Signatures
Cleversons Solicitors will allow you to sign documentation electronically through our Online Client Portal. You accept that in signing these documents that they will be signed as though they were signed in person.