Who is responsible for the cost of replacing property deeds lost in the post? The Practice Advice Service explains the rules under the Code for Completion by Post.
I act for the buyer in a conveyancing transaction which has just completed. The seller’s solicitor says he has posted the deeds to me but it appears that they have become lost in transit. We had agreed to use the Law Society Code for Completion by Post (2019). Who is responsible for the cost of replacing the deeds?
You are. Under paragraph 13(iii) of the Code for Completion by Post, the seller’s solicitor undertakes to send the deeds by first-class post or document exchange to the buyer’s solicitor as soon as possible after completion and in any event by the end of the working day following completion. This is done at the risk of the buyer’s solicitor.
For further guidance, please see the Law Society’s Conveyancing Handbook (25th edition) which is available from our online bookshop. You can also contact the Practice Advice Service by email or calling 020 7320 5675.
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.