I am getting a mortgage offer from Santander. I intend to retain the legal services of a Licensed Conveyancer in Berkeley. Does the Santander Solicitor panel exclude Licensed Conveyancers?
The Santander conveyancing panel is, like many other lenders, represented by the CML or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
As a novice what is the most important piece of guidance you can give me regarding purchase conveyancing in Berkeley?
Not many law firms or advisers will tell you this but conveyancing in Berkeley and elsewhere in Gloucestershire is an adversarial process. Put another way, when it comes to conveyancing there exists lots of room for confrontation between you and other parties involved in the transaction. E.g., the vendor, estate agent and even potentially your lender. Selecting a lawyer for your conveyancing in Berkeley should not be taken lightly as your conveyancer is your adviser, and is the ONE party in the legal process whose interest is to act in your best interests and to keep you safe.
Every so often a third party with a vested interest may attempt to convince you that it is in your interests to do things their way. As an example, the estate agent may claim to be helping by suggesting your lawyer is slow. Or your financial adviser may tell you to do something that is contrary to your solicitors recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
There are numerous conveyancing solicitors in Berkeley but how do I know who's good?
It would be unwise to be seduced by the lowest Berkeley conveyancing fees. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.
My husband and I have arranged the release of further funds on our home loan from Nationwide as we wish to conduct renovations to our house in Berkeley. Do we need to select a high street Berkeley solicitor on the Nationwide conveyancing panel to handle the legals?
Nationwide would not normally require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Nationwide list.
It is unclear whether my mortgage offer requires a lease extension. I have called my Berkeley bank branch on various occasions and was told it does not impact the mortgage offer and they will lend. My Berkeley conveyancing solicitor - who is on the lender conveyancing panel- called and was told they refuse to lend in accordance with their published requirements. Who do I believe?
As long as the conveyancer is on the mortgage company approved list, she or he must follow the CML Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Do commercial conveyancing searches reveal planned roadworks that may affect a commercial estate in Berkeley?
Many commercial conveyancing solicitors in Berkeley will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Berkeley. The report provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Berkeley.
For every commercial conveyancing transaction in Berkeley it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately may cause delays to Berkeley commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not ordered for residential conveyancing in Berkeley.
Me and my brother purchased a terraced Edwardian property in Berkeley. Conveyancing practitioner represented me and HSBC Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the matching property. Is it worth asking HSBC Bank to clarify?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Berkeley and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing lawyer who conducted the conveyancing.
Am I right to be wary that 3rd parties that I am dealing with are encouraging me to use a national conveyancing firm as opposed to a High Street Berkeley conveyancing practice?
As is the case with lots of professional services, often suggestions from relatives can be extremely useful or valuable. But there are many parties with a vested interest in a conveyancing transaction; estate agents, mortgage brokers and lenders may suggest solicitors to select. Sometimes these lawyers might be known to one of the organisations as one of the best in their field, but sometimes there exists a financial incentive behind the recommendation. You are free to choose your preferred conveyancer. However, bear in mind that some banks specify a panel list of lawyers you are obliged to use for the mortgage aspect of your house move.