SALE PURCHASE
Fee-earner:
Client Name:
Property address:
Fee-earner for other party:
Name of other party:
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CONFLICT ISSUES
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| 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