Conflict Report to Director (Jan24)

SALE             PURCHASE

Fee-earner:

Client Name:                              

Property address:

Fee-earner for other party:

Name of other party:                            

 

 

CONFLICT ISSUES

 

FOR ALL TRANSACTIONS
Buyer- Established client? YES/ NO Seller- Established client YES/ NO
Conflict letter sent? YES/ NO Signed conflict letter on file? YES/ NO
Independent clients YES/ NO Substantially common interest YES/ NO
Ability to give independent advise fettered YES/ NO Is any party vulnerable YES/ NO
Are fee- earners involved in the negotiation of terms? YES/ NO Are Estate Agents involved in negotiating terms? YES/ NO
Imbalance of bargaining power between parties? YES/ NO Is buyer taking out a mortgage? YES/ NO
Any other relevant information:
ü       1. PROBATE SALE
Is the best value being obtained for the property? YES/ NO Have all beneficiaries agreed the sale price? YES/ NO
Do the Estate Agents recommend the price? YES/ NO    
ü 2. FAMILY DEALINGS
Are there any concerns of undue influence YES/ NO Independent valuation been carried out? YES/ NO
Has the lender agreed to the transaction? YES/ NO  
ü 3. CORPORATE DISPOSAL
Independent valuation of the property YES/ NO Board approval obtained for the transaction? YES/ NO
OBSERVATION BY INDEPENDENT FEE EARNER
Is it reasonable to act for all parties? YES/ NO Benefits to the parties outweigh risk? YES/ NO
Risk of conflict of interest? YES/ NO Permission to act YES/ NO
 
              Signed by fee earner  
Signed by independent fee earner  

January 2024

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