SDLTM81670 - Compliance: Working an enquiry

Meetings: Agreement of notes with purchaser

Generally copies of the notes of the meeting should be sent to the purchaser and/or agent acting. Their agreement and signature should be requested. That this will be done should have been stated during the course of the meeting. Any amendments, which the purchaser wishes to make, should be set out in a separate document.

The purchaser should see what has been recorded because

• even the best compliance caseworkers make mistakes. Basic notes taken during the meeting can be misinterpreted later. Something may have been misheard or misunderstood. It is far better for any misunderstandings to be corrected as soon as possible
• if there is a dispute about particular facts it is preferable that this emerges sooner, especially if it is likely to be important. It is far better to face the objections while the meeting is fresh in the memory and corroborative evidence can be called for
• the value of a signed record is obvious in preventing later disputes about what was said. If the purchaser refuses to sign and does not provide a credible reason for the refusal, this may cast doubt on the accuracy of what was said. On occasions a purchaser who lied may not be prepared to sign a formal statement which includes those lies

However, time should not be lost in getting notes agreed. This can distract from the main purpose of the enquiry to check the accuracy and completeness of the land transaction return.

It is up to the compliance caseworker to decide how important it is to obtain a signed record in any individual case. If problems are anticipated, but it is felt that it is vital to have a firm record of what was said, a colleague should be asked to sit in and take notes. They can then prepare their own record or sign the notes which have been written.

If there is a dispute later about what was said and the matter goes to appeal, the other officer will be able to confirm the accuracy of the account of what took place.