My husband and I are looking to purchase a property in Cirencester and have appointed a Cirencester conveyancing firm. Within the past 48 hours our property lawyer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Santander have this morning contacted us to inform me that there is now an issue as our Cirencester conveyancer is not on their conveyancing panel. Please explain?
If you are buying a property needing a mortgage it is standard 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 Accreditation Scheme. Your solicitor should contact your lender 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 Cirencester solicitors, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
Having invested time looking at moneysavingexpert.com for an online solicitor in Cirencester, most comment that I should look for a CQS assured lawyer. What is CQS?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in the legal transfer of properties, trusted by some of the UK's leading banks. Four years ago the Conveyancing Quality Scheme was officially recognised by the Association of British Insurers (ABI). CQS is not a scheme offered by the Council of Licensed Conveyancing. Cirencester is one of the numerous areas of the UK where there are Accredited solicitors.
We are buying a terrace house in Cirencester. Our aim is to carry out an extension to the side at the house.Will legal due diligence on the property involve investigations to determine if these alterations are permitted?
Your solicitor will review the registered title as conveyancing in Cirencester can occasionally reveal restrictions in the title deeds which prohibit certain alterations or need the permission of another owner. Many additions call for local authority planning consent and approval under the building regulations. Many areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
Does a directory service exist listing Santander panel solicitors in Cirencester on the Building Society Association’s Website?
Unfortunately not yet. There is no such directory service on the CML or Building Society Association websites. A small selection of lenders make their panel listings visible online. Where you are looking for a Cirencester conveyancing practitioner on the Santander please use our facility.
It is unclear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Cirencester bank branch on numerous occasions and was told they are content with the situation and they would lend. My Cirencester conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they will not lend in accordance with their specific requirements. Who do I believe?
Your lawyer must follow the CML Handbook Part 2 specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the lender 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
It has been three months since my purchase conveyancing in Cirencester concluded. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I decided to have a survey carried out on a house in Cirencester ahead of retaining lawyers. I have been informed that there is a flying freehold element to the house. My surveyor has said that some lenders tend refuse to issue a loan on a flying freehold house.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Cirencester. Conveyancing will be smoother if you use a solicitor in Cirencester especially if they are acquainted with such properties in Cirencester.
Are there any compelling advantages to instructing a high street conveyancing practitioner in Cirencester
Many purchasers and sellers in Cirencester prefer a local solicitor so that they can visit in the event that they have problems, and to deliver paperwork rather than relying on the post.
One could suggest that there exists a distinct edge when using a solicitor nearby to the premises you are hoping to purchase, due to the knowledge of the area and potential local issues - yet this is moot. Most conveyancers are now through email and could be any place in the world.