Conveyancer

In most Commonwealth countries, a conveyancer is a specialist lawyer who specialises in the legal aspects of buying and selling real property, or conveyancing.[1] A conveyancer can also be (but need not be) a solicitor, licensed conveyancer, or a fellow of the Institute of Legal Executives.

In the United Kingdom, conveyancers are regulated by an official body known as the Council for Licensed Conveyancers. Its main purpose is to set entry standards and regulate the profession of licensed conveyancers effectively in order to secure adequate consumer protection, promote effective competition in the legal services market and provide choice for consumers.

Services offered by conveyancers vary from Residential Conveyancing, Probate and Wills. Strong regulation is imposed to curb unfair practices which include among others false representation, exaction for hidden charges and double dealing.

In Kenya, a conveyancer can only be an admitted advocate holding a valid current practising certificate. The consequences of not holding such a certificate is fatal to any transaction he undertakes on behalf of his client, and will be void. The client is therefore under obligation to do his due diligence by ensuring that his conveyancer has a current valid practising certificate by confirming this with the law society of Kenya. This was authoritatively decided by the Court of Appeal in its decision of National Bank of Kenya Ltd. v. Wilson Ndolo Ayah.[2]

In Australia, a conveyancer is also known as a Settlement Agent.[3]

References

  1. ↑ "Bouvier's Law Dictionary". Constitution Society. 1856. Retrieved 30 January 2015.
  2. ↑ "Civil Appeal 119 of 2002". Kenya Law Reports. 2009. Retrieved 30 January 2015.
  3. ↑ Foyle, Brendon (22 January 2014). "How Do Conveyancers Operate And Can They Help?". The Legal Elements. Retrieved 30 January 2015.