Society insists on proper instructions
12 Aug 05
Offers should not require confirmation of terms by own clients
Solicitors must have the authority of their clients for their actions, the Law Society of Scotland has reaffirmed. The Society has issued advice to solicitors putting in offers to buy houses, after learning of an unusual condition adopted by one legal firm.
The offer, referred to the Professional Practice Committee, contained the usual narration at the beginning, “on behalf of and as instructed by our clients”. However it went on to include the following condition: “A copy of this offer has been sent to the purchaser. It is an essential condition of this offer that the purchaser acknowledge receipt of said copy offer to us and confirms to us in writing that its terms are acceptable to the purchaser."
Bruce Ritchie, Director of Professional Practice, said that the Committee took the view that this clause is irreconcilable with the narration that the offer is “as instructed by our clients”. In terms of article 5(a) of the Code of Conduct for Scottish solicitors, solicitors must have the authority of the clients for their actions and must act on the basis of their clients’ instructions.
"The Committee agreed unanimously that such a clause in an offer to purchase heritable property is inappropriate and should be actively discouraged", said Mr Ritchie.