My fiance and I are looking to buy a flat in Charlbury and have appointed a Charlbury conveyancing practice. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Platform Home Loans Ltd have this morning contacted us to inform me that they have now hit a problem as our Charlbury solicitor is not on their approved list of lawyers. What do we do from here?
If you are buying a property requiring a mortgage it is normal for the purchasers' lawyers to also act for the purchaser's lender. 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 lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Charlbury solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Me and my partner are soon to complete on the purchase of a property in Charlbury but as a result of wreckage from the recent storms I have managed to agree recompense from the current proprietors of £2k taking the form of a reduction in the price. I had intended this to be dealt with as part of a side agreement however Nottingham are not allowing this. Should they have been involved?
The conveyancer being on a Nottingham approved list is duty bound to inform Nottingham of any changes to the sale price. If you prohibit your solicitor to notify the reduction to Nottingham then they would have to discontinue acting for you. In addition, Nottingham and you would have to appoint a new solicitor for your conveyancing in Charlbury.
What does my ID and proof of funds have anything to do with my conveyancing in Charlbury? Is this really warranted?
You are right in the requirement set out by your lawyer has nothing to do with conveyancing in Charlbury. Nowadays you will not be able to complete any conveyancing transaction in the absence submitting evidence of your identity. Ordinarily this takes the form of a either your passport or driving licence plus a council tax bill. Remember if you are providing your driving licence as evidence of ID it must be both the paper element and photo card part, one is not acceptable in the absence of the other.
Proof of your origin of monies is mandated under Money Laundering Regulations. Don’t be offended when when this is requested of you as your lawyer must retain this information on record. Your Charlbury conveyancing practitioner will require evidence of proof of funds before they are able to accept any funds from you into their client account and they may also ask further questions concerning the source of funds.
My Solicitor in Charlbury is not listed on the Platform Home Loans Ltd Conveyancing Panel. Is it possible for me to continue with my prefered solicitor even though they are not on the Platform Home Loans Ltd list of approved lawyers?
The limited options open to you here include:
- Complete the purchase with your preferred Charlbury lawyers but Platform Home Loans Ltd will need to retain a conveyancer on their panel. This will result in additional total conveyancing fees and result in frustration.
- Find a new lawyer to act in the purchase, not forgetting to check they are on the Platform Home Loans Ltd panel
I have recentlybecome aware that Wolstenholmes have closed. They carried out my conveyancing in Charlbury for a purchase of a freehold house 18 months ago. How can I check that my home is in my name in the name of the former proprietor?
The easiest method to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Charlbury conveyancing specialists.
I am looking for a conveyancing solicitor in Charlbury for my sale. Is it possible to check a firm’s complaints history with the legal regulator?
One can review documented Solicitor Regulator Association (SRA) decisions resulting from inquisitions from 2008 onwards. Visit Check a solicitor's record. For information about the period before 1 January 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA may monitor call for training requirements.