My husband and I are hoping to buy a property in Berrylands and are in fact using a Berrylands conveyancing practice. Within the last couple of days our lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Halifax have this evening contacted us to advise us that they have now hit a problem as our Berrylands lawyer is not on their approved list of lawyers. Please explain?
Where you are buying a property with the assistance of a mortgage it is normal for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Berrylands solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Can the conveyancing practitioners that you recommend execute auction conveyancing in Berrylands?
We know of a few auction practitioners we can connect you with those specialising in auction conveyancing. Berrylands is just one of hundreds of locations where our lawyers are based.
When does exchange of contracts take place for residential conveyancing in Berrylands and do I need to be at the solicitors branch?
If you are round the corner to our conveyancing solicitors in Berrylands you are invited in to sign contracts. However, the firms we recommend provide countrywide coverage for conveyancing and give as equally detailed and professional a job for you when dealing with you by post or email. The executing of the contract is not the point of no return. A signed contract is just a prerequisite for the conveyancer to address the formalities at the appropriate time, which is ordinarily shortly after signing. The procedure is is usually a five minute process, although where a lengthy "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Berrylands)to be in the office available at the end of the phone to exchange contracts.
we are a couple who are buying a newly converted flat in Berrylands with a mortgage from Birmingham Midshires.We have a Berrylands conveyancing lawyer but Birmingham Midshires says he's not listed on their "panel". We have to appoint a Birmingham Midshires panel firm or keep our high street solicitor and pay for a Birmingham Midshires panel lawyer to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. The loan offered to you contains terms and conditions, one of which will be that solicitors will be on the Birmingham Midshires approved list. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for Birmingham Midshires
Should commercial conveyancing searches disclose planned roadworks that may impact a commercial site in Berrylands?
Its becoming the norm that commercial conveyancing solicitors in Berrylands will perform a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in looking into accurate data on highways that impact buildings and development assets in Berrylands. The report sets out 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 Berrylands.
For every commercial conveyancing transaction in Berrylands it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Berrylands commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Berrylands.
The financial adviser has suggested using their lawyer for my conveyancing in Berrylands - Is it not simpler better to just instruct them?
It is worth checking if the estate agent is recommending a conveyancing practitioner or introducing to a property lawyer. There are plenty of Berrylands estate agents who recommend two or three Berrylands conveyancing firms and get nothing from it.