Me and my fiance are buying a 1 bedroom flat in Bexley with a mortgage. We have a Bexley solicitor, however the bank says she’s not on their "panel". It seems we have no choice but to appoint one of the lender panel solicitors or keep our Bexley solicitor and pay for one of their panel ones to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms 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 Bexley conveyancing lawyer to apply to be on the conveyancing panel.
It is a dozen years since I purchased my house in Bexley. Conveyancing lawyers have just been instructed on the sale but I am unable to track down the title deeds. Is this a problem?
You need not be too concerned. First there is a possibility that the deeds will be with your lender or they could stored with the lawyers who acted in the purchase. Secondly the likelihood is that the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring up to date copy of the land registers. Almost all conveyancing in Bexley relates to registered property but in the rare situation where your property is unregistered it adds to the complexity but is not insurmountable.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the HSBC Solicitor panel ahead of completing my conveyancing in Bexley?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
What is your number one tip for choosing a conveyancing solicitor in Bexley
We would encourage you not to go for the cheapest Bexley conveyancing costs illustration. You really do get what you pay for when it comes to conveyancing solicitors. 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 ahead of the deal.
I happen to be the sole beneficiary of my late father’s will with all property in now in my sole name, including the house in Bexley. The Bexley property was put into my name in June. I want to move. I understand that there is a CML six month 'rule', which means that my proprietorship will be considered the same way as though I had purchased the property in June. Do I have to wait half a year to sell?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. Most banks would take a sensible view as this obligation primarily exists to pick up on the purchase and immediately sell or the flipping of property.
is it true that all Bexley conveyancing solicitors on the Co-operative conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Co-operative approved list of solicitors they would need to be governed by the SRA. Some lenders do permit licenced conveyancers on their panel in which case such practice would be regulated by the CLC.
What does commercial conveyancing in Bexley cover?
Non domestic conveyancing in Bexley incorporates a wide range of guidance, offered by qualified solicitors, relating to business premises. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
My step-father has suggested that I use his lawyers for conveyancing in Bexley. Do I follow his recommendation?
No doubt the best way to choose a conveyancing practitioner is to seek referrals from friends or relatives who have experience in using the firm you're are thinking of instructing.