265. Discharge of seller's mortgage.

The seller's lender's solicitor must discharge any mortgage or mortgages in accordance with the undertaking given by him on completion1. Failure to honour an undertaking is professional misconduct2. Any undertaking given must therefore be honoured and the obligations promised must be fulfilled without delay3.

A solicitor who has performed his undertaking should formally ask the recipient to release the giver from his undertaking so that the giver has written evidence of the fulfilment of the undertaking. The recipient may either acknowledge the giver's release by letter, or return the original undertaking to the giver, and in either case the evidence