I am in the process of selling my ground floor flat in East Bergholt and the EA has just telephoned to say that the purchasers are appointing a new property lawyer. The reason given is that the mortgage company will only work with property lawyers on their approved list. On what basis would a major lender only work with specific law firms rather the firm that they want to choose for their conveyancing in East Bergholt ?
Lenders have always had an approved set of law firms that can act for them, but in recent years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Mortgage companies blame a rise in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to monitor. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are not going to have any impact on this.
The owners of the property we are looking to purchase are using a conveyancing solicitor in East Bergholt who has suggested a preliminary contract with a non-refundable deposit two thousand pounds. Is it wise to enter into such agreements?
This form of contract is unusual in East Bergholt, conveyancers will often sway clients away from them as they divert attention from the main conveyancing focus and if you end up losing your deposit then the lawyer is left exposed. Furthermore, there is no certainty that just because the proprietor has entered into an exclusivity agreement they will sell to you. They may breach the contract if they are offered a big enough financial inducement to do so because an aggrieved purchaser with the benefit of a lockoutcontract will still be obliged show losses as a consequence of the breach and this may not compare to the extra amount that your seller may obtain by breaking the contract, no matter how morally reprehensible it undoubtedly is.
What is the first thing I need to know regarding purchase conveyancing in East Bergholt?
Not many law firms or advisers will tell you this but conveyancing in East Bergholt or throughout Suffolk is often a confrontational process. Put another way, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and other parties involved in the house moving process. E.g., the seller, selling agent and even potentially your lender. Appointing a solicitor for your conveyancing in East Bergholt an important selection as your conveyancer is your adviser, and is the ONE party in the process whose responsibility is to protect your best interests and to keep you safe.
Every so often a potential adversary may attempt to convince you that it is in your interests to do things their way. For instance, the estate agent may claim to be helping by claiming that your conveyancer is dragging his heels. Or your financial adviser may try to convince you to do take action that is contrary to your solicitors advice. You should always trust your lawyer above all other parties in the home moving process.
Do the Building Society Association intend to launch a searchable register to list solicitors on the Earl Shilton BS conveyancing panel for example in East Bergholt?
We are not aware of any plans on the part of the BSA to develop such a register.
I used Stirling Law several years past for my conveyancing in East Bergholt. Now, I need my files but cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in East Bergholt of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Is planning consent necessary to change a house into two flats in East Bergholt? This has taken place to a house opposite to a friend in East Bergholt and was not aware of the conversion until it was done.
Planning Permission yes. Building Reg Approval yes.