What may happen if undertakings given at exchange are not fulfilled?

• A. No consequences
• B. A warning only
• C. Disciplinary action by the regulatory body
• D. An order to make good and repay from own money

Answer: (D)

Undertakings given at exchange are legally binding promises by the solicitor to do something or pay a sum as part of the conveyancing process. If one of these undertakings is not fulfilled, the primary remedy is to compel the defaulting solicitor to “make good” the loss. The court can order the solicitor to repay or substitute the funds from their own money, rather than relying on the firm’s funds. This personal liability exists because such undertakings are treated as personal obligations of the solicitor, enforceable against them directly. While regulators can take action for professional breach, the specific remedy the client seeks is that the defaulting solicitor provides the missing payment or performance from their own funds.