Unrepresented Sellers: Checks for Conveyancers Before Exchange and Completion

Originally published January 2013. Updated 25 October 2026.

The seller intends to handle the transaction without a conveyancer. Alternatively, someone claiming to represent them cannot establish their professional status or authority.

These situations require different investigations. An unrepresented owner is not automatically acting unlawfully. Equally, describing someone as an agent, consultant or conveyancer does not establish their entitlement to carry out reserved legal activities.

Before progressing the transaction, establish who is acting, what they propose to do, the applicable lender requirements and how identity, documents, money and completion will be handled.

Establish who is actually dealing with the transaction

Start by distinguishing between:

• An owner dealing with their own property without legal representation.
• An authorised legal practice acting for the owner.
• An employee working within an authorised practice’s supervision arrangements.
• An agent or other person assisting the owner.
• Someone whose claimed professional identity or entitlement cannot be verified.

Those descriptions do not determine the legal position by themselves. Establish the person’s role, the work they will perform and the basis on which they say they can perform it.

If someone is corresponding for an owner, obtain appropriate evidence of their authority. Permission to exchange correspondence does not necessarily authorise them to sign documents, agree contractual terms or receive the purchase money.

Check entitlement to perform the particular activity

The Legal Services Act 2007 defines reserved instrument activities. The Act also provides for authorised and exempt persons.

Not every task within a conveyancing transaction is reserved. The relevant question is whether the particular person is entitled to carry out the particular activity.

Where a provider’s entitlement is unclear, request an explanation and supporting evidence. Verify professional status through the appropriate regulator, including any relevant practising entitlement or restrictions. If necessary, seek regulatory or specialist advice before asking that person to undertake further work.

Do not assume that every unrepresented transaction involves an offence, or that the owner or opposing conveyancer is automatically criminally liable. The statutory requirements, exceptions and actual conduct need assessment.

Verify professional identity as well as regulatory status

A genuine firm’s name or registration details can be misused.

The SRA’s warning notice on bogus law firms and identity theft explains why an entry on its register is not, by itself, verification that the person communicating with you is genuine.

Check unexpected addresses, contact details and payment instructions through independently verified channels. Investigate discrepancies before sending money or relying on a purported professional commitment.

Where no regulated representative is involved, record that clearly. Do not describe an agent or identity verifier as the seller’s conveyancer simply because they have assisted with one part of the transaction.

Check the mortgage lender’s instructions early

If acting for a mortgage lender, establish its position before assuming that an unrepresented seller is acceptable.

The England and Wales UK Finance Handbook provisions concerning sellers without legal representation direct conveyancers to check the lender’s Part 2 requirements. The mortgage offer and any additional instructions also need consideration.

Check whether notification or approval is required, what information must be supplied and whether conditions apply. Preserve the report, response and evidence that any conditions have been satisfied.

The buyer’s willingness to proceed does not override the lender’s instructions. Nor does a portal acknowledgement necessarily establish approval. Our article on lender portal acknowledgements and approval explains that distinction.

For an earlier transaction, obtain the instructions applicable at the relevant dates. Historical wording can matter when investigating compliance or responding to a claim; today’s requirements may differ from those governing the original file.

Plan the registration identity evidence before completion

HM Land Registry’s Practice Guide 67 explains when confirmation of identity or identity evidence is required.

For an unrepresented person, the lodging conveyancer must establish the appropriate route: confirmation that sufficient verification steps have been taken, acceptable identity evidence, or an applicable exception supported as required.

Do not assume that every case requires the same form. Check the current guidance, relevant transaction, verifier requirements and timing. Where an attorney or corporate party is involved, assess the additional requirements.

Resolve the arrangements early. Obtaining missing evidence after the seller has received the money can be difficult.

Keep registration evidence and AML obligations distinct

Practice Guide 67 concerns evidence supplied to HM Land Registry. It expressly distinguishes that process from identity checks required by law or professional regulation, including money laundering legislation.

An identity form does not, by itself, establish compliance with every relevant AML obligation. Equally, an unrepresented seller should not automatically be treated as the buyer’s conveyancer’s client for all AML purposes.

Assess the firm’s actual role, applicable obligations and transaction risks. Consider ownership, authority to dispose of the property, payment arrangements and any inconsistencies requiring investigation. Record the response to concerns and escalate them through the firm’s procedures.

Agree workable arrangements for the deposit and completion

Without a seller’s conveyancer, arrangements that might ordinarily depend on a regulated practice’s client account or professional commitment require specific consideration.

Before exchange, establish:

• Who will hold the deposit, in what capacity and on what terms.
• Who will prepare, approve and execute the transaction documents.
• How replies to enquiries and contractual commitments will be authorised.
• How existing charges will be redeemed and discharged.
• Who is entitled to receive the purchase money.
• What documents and evidence must be available before funds are released.
• How completion and release of keys will be confirmed.

Do not assume that standard completion arrangements operate unchanged. Assess the contract, applicable completion code and any amendments needed for the circumstances.

The authority to receive purchase money also requires attention. Consider the application of section 69 of the Law of Property Act 1925 and the evidence supporting any proposed payment to an agent. A signed instruction should not be treated as a substitute for assessing the recipient’s authority and the protection available.

Do not treat every promise as an equivalent undertaking

An unrepresented seller’s promise to discharge a mortgage should not be assumed to provide the same protection as an appropriate professional undertaking.

Even among regulated practices, enforcement requires attention to who gives the undertaking and in what capacity. The SRA’s guidance on undertakings given by incorporated practices distinguishes regulatory obligations from the court’s supervisory enforcement jurisdiction.

Assess the precise commitment, the person or entity giving it and the available remedies. Seek specialist advice where the proposed arrangement leaves a material gap.

Our guide to mortgage redemption checks covering every charge and secured account explains why the payment and discharge arrangements must address all relevant borrowing.

Explain your role without becoming the other party’s adviser

Make clear whom the firm represents and recommend that the unrepresented party obtains independent legal advice.

Communications should be accurate and understandable. Do not imply that the firm is protecting the other party’s interests or providing independent advice where it is not.

For SRA-regulated solicitors, the Code of Conduct prohibits taking unfair advantage of clients or others. A person’s lack of representation therefore requires care in how proposals, documents and deadlines are explained.

Explain the practical implications to your own client too, including any additional work, cost or delay. If the firm cannot establish a lawful and workable route to completion, escalate the matter before making commitments.

Record the decision and outstanding requirements

A useful review record should identify:

• Who represents each party and the checks supporting that conclusion.
• Any unresolved question about authority or entitlement.
• The lender’s requirements and necessary response.
• The identity evidence required for registration.
• The agreed deposit, payment, redemption and completion arrangements.
• The advice given to the client.
• The supervisor’s decision and conditions that remain outstanding.

Revisit the assessment if representation changes or someone new seeks to sign documents or receive funds.

Our article on breach of trust and authority to release transaction money considers why an honest payment decision can still expose a firm to liability.

Support the process with structured oversight

Firms reviewing their procedures can consider Lexsure’s CQS CPMS Risk Management Policy template as a framework to adapt to their work, responsibilities and escalation arrangements.

COMPLETIONmonitor provides pre- and post-completion checklists, alerts and oversight features that can support the firm’s process. The firm must still identify the applicable requirements, review the evidence and decide whether the transaction can proceed.

This article concerns conveyancing practice in England and Wales. Entitlement, identity, lender and completion requirements depend on the particular circumstances. Obtain regulatory or specialist advice where the position is uncertain.