Landonline may also enable us to identify how e-conveyancing is going to work in practice. Those participating in eDealing are divided into those holding digital certificates who can sign documents on behalf of clients (and are called conveyancing professionals) and primary contacts who would have day-to-day control of the conveyancing transaction and who would be named users of the landonline system. Only one primary contact can be nominated for each transaction.
Thus the primary contact prepares documentation, undertakes relevant searches and so on, while the conveyancing professional signs contracts, transfers and mortgages on behalf of the client and must have sufficient knowledge of the transaction to make informed and factually accurate certifications. Authority is given by the client to the conveyancing professional when instructions are received and great care is taken to ensure that informed consent is provided when the client gives authority to the conveyancing professional; care is also taken to verify the identity of the client.
It is interesting to note that emphasis is placed on the responsibility of the conveyancing professional and primary contact rather than a firm.
eDealing includes pre-validation which is similar to the creation of the notional register proposed in e-conveyancing transactions. It also includes a process of electronic payment, which we may see when the Electronic Funds Transfer Service is introduced. Documentation is signed and certified by the conveyancing professional using the digital certificate. Signature and certificate are displayed on the electronic document. The process takes three to five minutes and can be done before exchange or completion. Registration is an automatic process.
Ian Quayle is a lecturer, consultant, trainer with Central Law Training LimitedSource ILEX UK Institute of Legal Executives
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