The Law Society Gazette under an emotive heading of ‘Ombudsman
warns of dangers from ‘conveyancing factories’ recently reported in response to
the release of a report from the Legal Ombudsman entitled ‘Losing the Plot –
residential conveyancing complaints and their causes’ that ‘conveyancing
factories’ pose a potential risk for house buyers.
In the article Adam Sampson, the ombudsman, says:
‘increasingly
commoditised automated and competitive’ conveyancing market has resulted in
traditional high street firms evolving or being displaced into ‘conveyancing
factories’.
The report acknowledges that such innovative services can be
helpful, but warns they are ‘not without risk’. It voices concern that by
focusing exclusively on volume, some firms risk failing to provide a reasonable
service.
A very general ( and perhaps unfair and misleading) finding, and
one which it would be unreasonable for a consumer to rely on without further
investigation.
To begin with there is an issue of definition. What constitutes
a 'volume conveyancer'? Presumably, by definition, it is a conveyancer that
conducts over a certain number of transactions each year? If this correct what is the number of
transactions an organisation should be handling before it falls into this
category and becomes condemned without sentencing?
The biggest mistake critics make when judging a ‘volume
conveyancer’ is to jump to the conclusion that due to the size of the
organisation it is inevitable that client service will be poor and or that the
quality of work produced will be inferior.
In life and in so many different areas of the service industry
there are small and large organisations and with both there are good and bad
businesses. It is disingenuous and slightly condescending for some
professionals to view all large conveyancing providers with the same
label.
I accept there are some poor examples of how conveyancing
services should be delivered but it is clearly not the case that these are in
the main tied solely to the larger organisations. The fact is that there are a large number of
the smaller providers who quite simply should not be allowed anywhere near a
contract for sale.
Equally just because a larger conveyancer is able due to
efficiencies of scale and the use of technology charge the consumer less for the service, it
does not follow that the service delivered will be any less inferior than the
service provided by a smaller and more traditional organisation.
Many larger providers have both the resources and expertise to invest
in staff training and the establishment of technology to make sure that the
consumer experience is enhanced. These are
organisations that depend on consistent and positive consumer feedback to survive
and grow.
They also specialise in conveyancing and are probably a far
better and indeed safer choice for the consumer than the small firm who might
only do the occasional conveyance.
It is wrong and perhaps small minded to criticise these businesses
( many of which receive awards for outstanding client services ) solely on the
basis of size and the drive many possess to use technology to deliver a cost
effective and highly satisfactory service to the end user.
My message to the consumer is not to attach too much weight to
this report. Instead consumers should
undertake research. Look for reviews and
testimonials and remember do not be suspicious per se about an organisation
that offers a competitive price and the facility to interact and experience an
enhanced level of communication through the use of cutting edge
technology. Just because a business has
a non-traditional approach to conveyancing does not mean that it should be
viewed differently or less favourably.
Remember also that the scare mongers out there would like
consumers to believe that all large conveyance providers are bad
because it suits their interests. They
are worried about the forward looking businesses and how they are using technology
and processes to introduce efficiencies to reduce fees for the consumer but to
still operate with a healthy profit. It is the large providers out there who
are leading the way to improve what is a very archaic system for the purchase
and sale of property.
Finally it is worth keeping in mind the words of Law Society
chief executive Desmond Hudson when he says the volume of complaints should be
put in perspective. 'There are, on average, more than 675,000 property
transactions a year. We are talking about 1,300 complaints on conveyancing to
the LeO in a year. My point is that the vast majority of solicitors do a good
job when it comes to conveyancing'.
MJP Conveyancing are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877067 or via email at davidp@mjpconveyancing.com
