Is the fact that my solicitor in Erith is not identified on my mortgage company's solicitor panel that there is a problem with the quality of her conveyancing?
That would more than likely be a wrong assumption to make. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Erith conveyancing practice and enquire why they are no longer on the approved list for your mortgage company.
Finally the sale completed on my house in Erith last September yet the purchaser is whats apping every few hours to moan that her solicitor needs to hear from mine. What should my lawyer have done following completion?
After completion of your house sale your lawyer is duty bound to send the transfer deeds and all of the paperwork to the buyer’s lawyers. If applicable, your solicitor must also send confirmation that the mortgage has been redeemed to the buyers solicitors. There is unlikely to be post completion tasks just for conveyancing in Erith.
I currently have a mortgage with HSBC for my property in Erith. Conveyancing was finalised some time ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform HSBC?
You must advise HSBC prior to letting out your property as this is likely to be a breach of HSBC’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact HSBC directly. It should not be necessary to do this via a HSBC conveyancing panel solicitor.
I was told four weeks ago that my mortgage has been agreed to by HSBC. Is it usual for HSBC to only issue the offer once my solicitor in Erith is approved on their conveyancing panel? HSBC have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for HSBC to deal with your lawyer's application to be on the HSBC conveyancing panel. There's no guarantee that your solicitor will be accepted.
At last I have had an offer on an apartment in Erith accepted, the owners do however have a dependent purchase. The owners have put an offer on a flat, however it’s not yet agreed to, and have viewings of other flats in the pipeline. I have chosen a nearby conveyancing solicitor in Erith. What should be my next step? When do I get the mortgage application with Clydesdale going?
It is understandable to have anxieties where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is in the region of £1k, then valuation, Erith conveyancing search fees, etc). First, you should ensure that your conveyancer is on the Clydesdale approved list. Regarding the next phase this very much depends on the circumstances of your case, motivation for this property and on the state of the market. In a rising market the majority of home buyers will apply for the mortgage with Clydesdale and pay for the valuation and only if it comes back ok would they pay their property lawyer to proceed with searches.
Will my lawyer be asking questions concerning flooding as part of the conveyancing in Erith.
Flooding is a growing risk for solicitors carrying out conveyancing in Erith. Some people will purchase a property in Erith, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, but there are a numerous checks that may be undertaken by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Erith. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to determine whether the premises has historically flooded. If the premises has been flooded in past which is not notified by the owner, then a purchaser may commence a claim for damages as a result of such an inaccurate response. A purchaser’s conveyancers should also carry out an enviro search. This should disclose if there is a recorded flood risk. If so, further investigations will need to be made.
My business partner and I are planning to take over a lease of a shop on the high street. Can you recommend conveyancers offering no-move-no fees for non-domestic conveyancing in Erith for below 2k?
We are happy to recommend firms who have specialist knowledge of commercial conveyancing in Erith, including the sale and purchase of businesses as well as simply premises. Whether you are intending to buy or sell a shop, pub, restaurant, office, retail premises or a whole business we will put you in touch with the right solicitor. As for the costs this will depend on the structure and terms of the proposed transaction. Please provide us with your contact information or telephone us so that we may provide you with comprehensive commercial conveyancing calculation.
We're first time buyers - had an offer accepted, yet the selling agent advised that the owners will only go ahead if we appoint their chosen conveyancers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a family solicitor accustomed to conveyancing in Erith
We suspect that the seller is not behind this demand. If they desire ‘a quick sale', taking such a hostile approach to a genuine purchaser is counter productive. Try to communicate with the owners directly and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)however you will continue to use your own,trusted Erith conveyancing firm - as opposed tothose that will give their estate agent a referral fee or meet his conveyancing thresholds demanded by head office.