Law Society: Two-form solution
The extent of the Law Society’s misjudgement in last year’s launch of the updated TA6 property information form has been laid out by research it commissioned.
The work by market research agency 2CV also found the reform to the property transfer process solicitors would most like to see was estate agent regulation.
It showed too how solicitors were troubled by how to charge for work on upfront information.
Last June, following a backlash from practitioners, the Law Society admitted that it should have consulted conveyancers before introducing the fifth edition of the TA6 in March and delayed its compulsory use by members of the Conveyancing Quality Scheme (CQS).
Last week, it announced that it was creating two separate forms to replace the fifth edition.
The first is a sixth edition mandatory for CQS members from March 2026 and designed to be used when an offer has been accepted. The second is a material information form, which will not be mandatory for CQS members, and is designed for conveyancers to use if sellers instruct them before listing their property.
2CV received 931 online surveys from conveyancers, albeit a self-selecting sample, conducted focus groups with lawyers and estate agents, and carried out in-depth interviews with 10 sellers.
Some 89% of those who have used the fifth edition believed it was harder to use than the fourth; only 9% agreed with the statement ‘Now we are used to using the fifth edition, it is not causing any significant problems’.
Rather, 73% said the fifth edition was difficult to use, with CQS firms more likely to say this than non-CQS firms.
Fewer than a quarter of those surveyed were mainly using the fifth edition but even then many found it difficult.
The Law Society’s failure to consult with the profession was the main criticism of the updating process, following by a lack of notice, guidance and training, as well as inconsistencies with CQS.
While many conveyancers understood the intention behind upfront information, they felt the fifth edition did not achieve this.
“The concerns around ease of use are based mostly on the trouble clients have understanding the questions they are being asked and the knock-on effects for conveyancers,” 2CV said.
“They believe the increase in questions increases the amount of back and forth necessary to complete the form, and puts them more at risk of answering incorrectly, leaving conveyancers at risk of misrepresentation. There is a general feeling that this leaves all responsibility on the lawyers’ shoulders.”
Some questions were thought to require legal advice before completion, adding another layer of complexity for both clients and conveyancers, while a minority felt the form might even cause delays due to being more complex for clients to fill out.
“These comments need to be seen in the context of a market which many conveyancers find extremely challenging and where it they feel it is virtually impossible to pass on extra costs caused by the increased workload due the fifth edition,” said 2CV.
Sellers felt daunted by the length of the form, and even where they felt they could complete it, a solicitor checking it before it went to the buyer was seen as a necessary safeguard.
Opinion was divided on what ‘complete to the best of their ability’ meant, while some were worried about being held accountable for inaccuracies.
Greater provision of ‘do not know’ or ‘not applicable’ options on more questions would help – “at a minimum, sellers felt these would work well to act as a placeholder so that the form could be completed with the support of a lawyer”.
Two-thirds of conveyancers did not believe the TA6 should contain standardised enquiries about material information that followed the National Trading Standards guidance; the most popular alternative was for the estate agents to provide all the material information they have used in their marketing materials.
They were also not sure about charging for advice on upfront material information, with 87% suggesting sellers would be uncomfortable with the idea of incurring fees and expenses before a property is put on the market and 79% feeling unable to charge clients for the additional time needed to complete the form.
The survey found almost universal agreement that some aspects of the industry needed reform, with the regulation of estate agents and related changes, such as banning referral fees, top of the list (a third of those surveyed were at firms that paid referral fees). There was also support for better consumer education.
The focus group of senior responsible officers at CQS firms “highlighted that the issues with the TA6 form are symptomatic of broader problems in the conveyancing process, emphasising the need for a more client-focused approach and improving client interactions rather than imposing additional regulatory burdens”.
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