Conveyancing fraud is unfortunately on the rise within law
firms around the world and cyber criminals are becoming ever more sophisticated
in their approach as well as the methods and technology they use.
Buying a property is an exciting yet stressful time and as
such, the potential of falling victim to a scam is very rarely on a buyer’s mind
when they transfer their deposit to their conveyancer in anticipation for
exchange. Criminals are therefore actively targeting those buying homes due to
the huge amounts of money involved in purchasing a property for example, the
deposit monies or the full purchase funds.
“Payment diversion scams” occur when the scammer hacks into
emails between the buyer and their conveyancer and manages to impersonate the conveyancer.
The scammer will contact the buyer pretending to be their conveyancer often
near a time of exchange of contracts in order to request deposit funds or
balance of funds required to complete the purchase. The scammer will use an
identical/almost identical email address to that of the conveyancer (and even
with the exact company footer) and have email correspondence with the unknowing
buyer phishing for information in relation to the purchase (unknown to the
conveyancer). Once the buyer has fallen for the scam, the scammer will then provide
their own bank details or a company bank account details that is controlled by
them and by the time that either the buyer or conveyancer has realised what has
happened, it is too late and the money has disappeared as the scammer withdraws
the money, closes the account down and disappears.
As above, these criminals are extremely sophisticated and
can make the scam look like as though the request for funds has come from the
conveyancer.
Conveyancing scams are incredibly dangerous and in some
cases, victims of such scams are unable to get their money back as the victim
has “authorised” the transaction as they believed the payment request was
genuine. If however you are scammed and payment is made without authority, this
is a different scenario and the bank would be liable.
We therefore set out below ways in which you can protect
yourself from conveyancing fraud:
·
Scammers often contact their victims over email
and so you should always read your emails from your conveyancer carefully to
check it is in the tone they usually correspond with you in, using language
they would normally and they are not being “pushy” about you sending the funds.
If you are ever concerned about an email you have received, please call your
conveyancer to report it or check it is genuine. It is better to be safe than
sorry.
·
Always check the bank account details you have
been provided with by your conveyancer and the request for funds over the phone
or in person.
·
Be aware that scammer will only make generic
requests for money e.g. your conveyancer will request a specific deposit amount
but scammers do not have this specific information available to them and would
request “your 10% deposit” rather then the actual amount of your deposit.
·
If you are still unsure about the bank details
you have been provided with, transfer a small amount such as £1 in order to
confirm with your conveyancer those funds have been received.
·
Make sure you fully understand the conveyancing
process for example, when deposit funds would need to be transferred and the
amount of the same. For example, deposit funds would not be requested until all
enquiries have been satisfied, you have been reported to by your conveyancer
and your conveyancer has sent you a completion statement near to the time of exchange
and after a completion date has been agreed.
·
Avoid posting on social media that you are
buying/selling a property or getting a mortgage.
As well as the above mentioned payment diversion fraud,
scammers have found other ways to commit fraud in relation to your property
e.g. mortgage fraud (where a criminal steals money through the mortgage
process) or title fraud (where a criminal steals a property owner’s identity
and changes the property into their own name) and so it is important to be
alert to property fraud and protect yourself.
Whether you are buying, selling, or have any queries on the
above, please get in touch with our experienced conveyancing team on 01823
446200 who are always on hand to help.