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The importance of law firms establishing their clients’ identity So, you have just decided to sell your property or purchase one. You have instructed a solicitor and you are asked to provide your identification. It can be frustrating waiting for your solicitor to carry out identification checks before they proceed with your matter. However, it is in the interests of both the solicitor and you, as Solicitor Christina Bassett explains. A top law firm in London was recently found liable for breach of trust after its client bought a London property from a tenant posing as the owner. It is taken for granted that solicitors carry out identification checks on their own clients. In this instance, it appears that the fraudulent tenant’s solicitors may not have carried out those checks and it would seem that the buyer’s solicitor did not seek an undertaking from that solicitor confirming it had done so. A negligence claim against both firms of solicitors failed but permission to appeal the decision has been sought.
Solicitors are left considering what lengths they need to go to in order to establish their clients’ identity and that the person instructing them is not acting fraudulently. This is particularly difficult given many clients do not instruct a local solicitor and most correspondence between them is via email, which further aids the fraudster. Solicitors who revert back to traditional postal correspondence, to confirm instructions to act at the start of a matter, could alert the unknowing homeowner that something fraudulent may be happening to their property.
If you are considering buying or selling please call our East Grinstead office on 01342 328 000 where we can provide you with a quote for our conveyancing services and help answer any questions that you may have in connection with your transaction.
Please get in touch with our friendly legal team in East Grinstead.
Kerry Carter
Kristy Underwood
Sharon Callery
www.bussmurton.co.uk
Christina Bassett
T: 01892 510 222
E A S T G R I N S T E A D | T U N B R I D G E W E L L S | C R A N B RO O K | DA RT F O R D Buss Murton Law LLP is a Limited Liability Partnership No. OC345994 and is regulated by the Solicitors Regulation Authority. S u ss e x L i v i n g March 2017
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