Terms of Business
This document outlines important information regarding our conveyancing service, our terms of business, and the standards of service you can expect. Please read it carefully and retain a copy for your records.
1. Who Will Act for You
Your matter will be handled by a Solicitor or Conveyancer. At times, they may not be available to take your call – please leave a message and they will return your call as soon as possible.
If your appointed case manager becomes unavailable for an extended period (e.g., illness), you will be informed immediately and another suitably qualified member of the team will take over your case.
2. Regulatory Information
Stanton & Partners is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA number 8010943. Our professional rules are available at: www.sra.org.uk/solicitors/standards-regulations.
3. Fees and Charges
A written quotation setting out our fees and anticipated third-party costs (disbursements) is enclosed with this pack.
You have the right to challenge any invoice we issue. Under Part III of the Solicitors Act 1974, you may apply to have the bill assessed by the court. We reserve the right to charge interest on unpaid bills.
VAT Registration Number: 489 1628 43.
4. Limitation of Liability
Our total liability to you in respect of any claim, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the legal services provided shall be limited to £3 million, being the amount covered by our professional indemnity insurance.
We will not be liable for:
- Loss of profits or revenue;
- Loss or corruption of data;
- Any indirect, special or consequential loss.
This limitation does not apply in cases of death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.
5. Referral Fees
We may have a financial arrangement with your estate agent or mortgage broker. This will be disclosed in your quotation. Our advice remains independent and impartial. No information will be shared without your express consent.
6. Anti-Money Laundering Requirements
In compliance with anti-money laundering legislation, we are required to verify your identity and obtain evidence of the source of any funds used in the transaction. We may also be obliged to report suspicious activity to the National Crime Agency (NCA) without informing you.
Please supply the necessary identification promptly. If you are unable to provide the documents requested, contact us to discuss alternatives.
7. Acting for Mortgage Lenders
If you are purchasing with a mortgage, we will also act for your lender. We are under a duty to disclose to the lender any material information, including discrepancies between your mortgage application and the actual transaction, or any incentives offered by the seller.
You are responsible for ensuring your mortgage offer is valid at the time of exchange and completion.
8. Funds and Payment Timing
All legal fees and disbursements are payable prior to completion. If you are also selling a property, our costs can be deducted from the sale proceeds.
You must ensure any funds we require from you are cleared in our bank account by the time and date specified. We can only proceed with transactions using cleared funds.
9. Interest on Client Funds
Funds held on your behalf will be placed in our client account. Interest will be calculated and paid in accordance with the Solicitors Accounts Rules 2011 and subject to a minimum payment threshold of £20.00.
10. Financial Safeguards
Your funds will be held with Lloyds Bank plc. In the unlikely event of a banking failure, our liability is limited. You may be eligible for compensation under the Financial Services Compensation Scheme (FSCS) up to £85,000. By signing these terms, you consent to your details being provided to the FSCS if necessary.
11. Quotation Validity
Your fixed fee or hourly rate will be outlined in your accompanying quotation. Stanton & Partners reviews its fee structures annually on 1st April. If you have already received a quotation, any revision will not apply to your current matter.
12. Cybercrime Warning
Important Notice: We will never notify you of a change in our bank account details by email. Always verify bank details with us by phone before sending funds. We do not accept liability for funds sent to an incorrect account due to fraud or phishing.
13. Confidentiality & Email Communication
Your matter will be treated with the strictest confidentiality. We use email for correspondence but cannot guarantee its security. Please inform us in writing if you prefer not to be contacted by email.
14. Conflicts of Interest
We cannot act for you where there is a conflict of interest. If such a conflict arises, we will notify you immediately and cease acting. This includes potential conflicts between you and any other party, including lenders or connected businesses.
15. Data Protection
We use your personal information to provide legal services and meet legal/regulatory obligations. This may involve sharing limited information with trusted third parties. If you object to this, please let us know. You have the right to access your personal data under the Data Protection Act 2018.
16. Equality & Diversity
Stanton & Partners is committed to promoting equality and diversity in all its dealings. A copy of our policy is available upon request.
17. Insurance and Financial Services
We are regulated by the Solicitors Regulation Authority (SRA) for insurance mediation. We are not authorised to provide broader financial advice. Where indemnity insurance is required, we will use a limited panel of insurers.
18. Service Standards
We aim to:
- Return client calls on the same business day
- Write in clear, plain English
- Respond to correspondence promptly
- Provide copies of substantive correspondence
Clients are asked to respond promptly to our requests and settle invoices on time.
19. File Audits
Your file may be selected for audit by:
- The Law Society
- The Solicitors Regulation Authority
- Lexcel
Please inform us if you do not wish your file to be audited.
20. File Retention
We will retain your file for six years following completion. Thereafter, it may be securely destroyed unless you request its return in writing.
21. Termination of Instructions
You may terminate our services at any time in writing. We may also stop acting for you with good reason (e.g., non-payment, conflict of interest) and with reasonable notice.
We may retain your file until all outstanding fees and disbursements are paid.
22. Conveyancing Quality Scheme (CQS)
As members of the Law Society’s CQS, we follow a protocol designed to improve service quality and communication. By signing these terms, you consent to our sharing of information with others in your transaction chain as required.
23. Outsourcing
Occasionally we outsource administrative functions (e.g., file storage, IT support). These providers are bound by confidentiality agreements. Please inform us if you object.
24. Disclaimers
Tax: We do not advise on tax implications unless specifically agreed.
Planning: We do not advise on planning matters beyond reporting results from your local search.
Survey and Valuation: We do not inspect the property and do not advise on suitability of the mortgage, valuation, or financial arrangements.
Environmental: We may obtain an environmental search on behalf of your lender but will not interpret it. Please seek specialist advice if you have concerns about contamination or flood risk.
25. Intellectual Property Rights
We retain copyright and intellectual property rights in documents we produce. You are granted a non-transferable licence to use them solely for your matter. This licence may be revoked if our fees remain unpaid.
We may retain copies of barristers’ or third-party advice for internal use, with any personal information redacted.
26. Complaints
We aim to deliver a high standard of service. If you are unhappy, please raise your concerns with the fee earner. If unresolved, contact one of the firm’s partners.
Our complaints procedure is available on request. If we cannot resolve your complaint within eight weeks, you may contact:
Legal Ombudsman
PO Box 6167, Slough, SL1 0EH
www.legalombudsman.org.uk
You must refer your complaint to the Ombudsman within six months of receiving our final written response.