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The Inherent Risks of Conveyancer-Certified Electronic Signatures

Written by BONAFiDEE | Apr 24, 2025 9:20:07 AM

As the property sector undergoes digital transformation, Conveyancer-Certified Electronic Signatures (CCES) have emerged as a pivotal innovation. Legally recognised under Practice Guide 82 (PG82), CCES offers a path to faster, more convenient property transactions. But behind the promise of efficiency lies a critical question; how secure is it really?

Whilst PG82 outlines stringent requirements for compliance like identity verification, OTP authentication and witness attestation, the process hinges on a single promise: the conveyancer’s certification. The conveyancer is placing their legal reputation on the line, confirming that all requirements have been satisfied and that the person signing is who they say they are. But how confident can any conveyancer be in that statement without a watertight, auditable verification process?

Trust without evidence is a risk

Conveyancer Certified Electronic Signatures provide an additional layer of due diligence to the execution of legal documents. With a comprehensive and traceable audit trail, they offer assurance that the signing process is legally compliant, protecting conveyancers from potential legal or financial liability.

By verifying a signatory's identity biometrically at the point of signing, the risk of fraud is significantly reduced. Where documents are signed remotely, conveyancers can be confident in knowing that the correct individual has completed the process.

The legal and financial fallout of fraud

If fraud is later discovered, such as a property being transferred to someone impersonating the rightful owner, the legal and financial fallout can be significant. And unless you can produce an unbroken chain of evidence that demonstrates exactly who signed, when, and how they were verified, you could be held accountable.

  • Regulatory consequences: HM Land Registry or the Solicitors Regulation Authority (SRA) could initiate an investigation.
  • Professional negligence claims: The injured party (e.g. the true property owner) may seek compensation, citing your failure to verify identity.
  • Insurance risk: Your professional indemnity insurer may refuse to pay out if they determine that proper procedures weren’t followed.
  • Reputational damage: Trust is everything in conveyancing. A single lapse could cost you clients, partnerships, and your professional standing.

The stakes are high, especially in high-value transactions where fraudulent activity could lead to the wrongful transfer of property ownership.

Why a clear audit trail matters

The key to mitigating risk lies in the evidence. Without a clear, end-to-end audit trail like time-stamped identity verification, witness confirmation and OTP authentication, there’s no irrefutable proof that the correct process was followed. In the event of a legal challenge, a conveyancer must be able to prove that the right steps were taken, by the right person, at the right time, through a secure and compliant process.

How to protect yourself and your clients

Many e-signature tools offer PG82-compliant workflows on the surface, but fail to provide true end-to-end verification and evidence. Conveyancers often use multiple platforms to collect ID, send documents and receive signatures, but these disconnected systems leave dangerous gaps that can be exploited. 

By contrast, a holistic, end-to-end platform brings a series of operational and compliance benefits. This kind of integration streamlines the process and protects conveyancers from becoming the fall guy if something goes wrong.

  • Identity is verified before signing even begins
  • Every interaction is captured and recorded in a secure audit trail
  • Signatures are linked to verified identities with tamper-proof evidence
  • Documents are witnessed and certified in accordance with PG82

Certify with confidence with a holistic platform 

Conveyancer-Certified Electronic Signatures represent a step forward for the property sector, but they’re not without risk. Certification goes beyond a basic formality and is a mandatory requirement. And if that signature is later challenged, the person who certified it must be able to stand behind every step of the process.

Without a robust, end-to-end system that verifies, documents and defends each signature, you’re exposed. No one wants to be the test case in a fraud dispute. If you're a conveyancer, don’t take the risk of certifying a signature without full confidence in its authenticity. Download our guide below and discover how Bonafidee ensures every CCES is backed by irrefutable evidence.