Which duty could be breached by the lawyer if registration is not within the priority period?

• A. Duty of confidentiality
• B. Duty of care to the clients and the lender's mortgage instructions
• C. Duty to insure the property
• D. Duty to obtain the best price for the sale

Answer: (B)

The issue here is about following lender instructions and exercising care when handling mortgage registration within the given timeframe. Registration within the priority period is essential to secure the lender’s charge and ensure it maintains priority against other interests. If that registration isn’t completed in time, the lender’s security could be compromised, and the solicitor would be failing to perform a key instruction with due care. That constitutes a breach of the duty of care owed to the clients and to the lender’s mortgage instructions.

The other duties don’t hinge on timely registration in this context. Confidentiality is about protecting client information; the duty to insure the property is a separate obligation that isn’t directly tied to the timing of registration; and obtaining the best price for the sale relates to sale negotiations, not to mortgage registration deadlines.