Navigating the New “Source of Funds” Standards in Reports on Title

The “Report on Title” has always been a cornerstone of client communication. However, a significant shift is occurring in how we report on one of the most sensitive areas of a transaction: Source of Funds (SoF).

The days of simply seeing a bank statement and ticking a box are over. Recent updates to industry guidance—including the 2025 Legal Sector Affinity Group (LSAG) updates and the SRA’s thematic reviews—have redefined what “good” looks like.

TopicSummary
Source of FundsA helpful explanation to the client regarding various legal and statutory obligations relating to the source of funds.
Sending Balance of FundsDetailed advice to the client about the firm’s duty to investigate the source of funds, including specific statutory obligations.
Source of Wealth/Funds for DepositWith these being high-priority topics, regulators recommend that firms manage expectations by clearly and unambiguously setting out their legal obligations in this key area.
Gifted Deposits (Warning to Clients)Specific paragraphs advising the client of possible adverse implications—including risks to the donor—whenever a gifted deposit is involved.
Requirements for Payment of Purchase MoniesSets out the assumptions and requirements for the payment of purchase monies, while detailing the implications of failing to comply with these rules.