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What do brokers need to know about the legal side of the market?

Journalist: Jake Carter, Mortgage Introducer

ended 07. February 2024

How can brokers expand their understanding of the legal side of the market? What advice would you have for an adviser? Would you like to see more education in this area?

 

8 responses from the Newspage community

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This is a pivotal requirement of being a broker, and other industry colleagues to be fair. The industry loves jargon, acronyms and terminology but most importantly, don't be shy to ask if you don't know or just Google it! Anyone that doesn't have a handle or basic knowledge of the process should be giving their heads a wobble. We don't have to practice it but at least understand it. It is shocking how little so many brokers, and other industry colleagues, know about the legalities. Agents particularly and generally fall foul of this by not investigating Leasehold enough- valuing a property without knowing the terms of the Lease is a big one. Also, very few will check Land Registry and legal ownership before marketing.
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Having either a basic or advanced understanding of the legal process of buying and selling properties is so important.
Whether its advising a client when to pay a search fee, to the more complicated side of discussing Leases on apartments when their are onerous service charges, ground rents, or lengths of leases.
I am astounded Estate Agents have such little knowledge, and advertise properties where a mortgage cannot be secured, however the price is priced to a full market audience rather than just cash buyers.
We will never have the experience or the letters after our name that Conveyancers have, but a good grounding is essential, to get your client from viewing to offering to a mortgage offer before a Solicitor even gets involved.
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Expanding understanding of the legal side involves continuous learning. Brokers can attend seminars, workshops, and webinars focusing on mortgage laws and regulations. Collaborating with legal experts or joining professional associations also enhances comprehension.

For advisers, prioritising ongoing education is paramount. Stay updated on legal frameworks, regulatory changes, and compliance standards. Cultivate strong relationships with legal professionals to navigate complex legal issues effectively.

Increased education benefits the industry. More comprehensive training programs, workshops, and resources focusing on legal aspects can elevate brokers proficiency and ensure adherence to evolving regulations, fostering trust and professionalism.
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I co-founded a conveyancing business and frankly I'm still none the wiser - luckily the other owners really know their stuff and as long as clients are raving about it I'm happy. Jokes aside, conveyancing hides behind a wall of jargon and what I'd like to see is some sort of 'what a good process looks like' come from their regulator as that would increase understanding as well as boost standards across the board. However, Hell will likely freeze over before their professional body does anything to make a complex process more accessible.
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Fostering a strong relationship with a solicitor is imperative. Engaging in daily communication will not only deepen your connection but also contribute significantly to your learning process.
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Solicitor and Conveyancing firms have formed close allegiances with financial advice firms over the years to make the advice proposition more joined up for consumers, with some even taking in seasoned conveyancers into their business to streamline communications. Advisers who have qualified in a full range of qualifications have quite a good grounding in the legal process for property transactions and some also have good experience in civil litigation practices that help mortgage holders stay on the right side of their lenders and far away from repossession hearings. Obviously, it's a choice for financial practices in what level of qualifications they invest their time in however consumers do very much see the benefit from a more rounded practitioner.
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Very like tax, the legal aspects of property transactions are something that brokers benefit from knowing about, as it allows us to deliver a better overall service to our cleints. However, we must be careful not to be seen to be giving advice. It's a delecate balance between knowing when there maybe an issue, being able to texplain that issue your client and then having the appropriate expert to be able to refer them to, if they don't already have someone able to assist them.
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I believe that all brokers should have at least a basic understanding of the legal side of the market to further enhance their value to their clients. It is this increased level of expertise that continue to set brokers out amongst contact centre mortgage advisors, or robo advisors.

I am not sure more education is needed on this. Forming a great working relationship with local solicitors can comfortably achieve this, whilst further boosting your own local economy and creating community ties.