My fiance and I are looking to acquire a property in Exminster and are in fact using a Exminster conveyancing firm. Within the past 48 hours our conveyancer has sent a preliminary report and documents to look through 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 Exminster solicitor is not on their conveyancing panel. Is this a problem?
Where you are buying a property requiring a mortgage it is normal for the purchasers' lawyers to also represent 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 property lawyer 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 lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Exminster lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
The Exminster conveyancing firm handling our Exminster conveyancing has spotted a discrepancy when comparing the assumptions in the home valuation survey and what is in the legal papers for the property. My solicitor informs me that he must ensure that the lender is OK with this discrepancy and is still content to lend. Is my conveyancer’s course or action legitimate?
Your solicitor must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am purchasing a terrace house in Exminster. We would like to convert the garage to an office at the property.Will legal conveyancing on the property include enquiries to ascertain if these works are permitted?
Your property lawyer should check the deeds as conveyancing in Exminster will sometimes identify restrictions in the title deeds which restrict certain changes or necessitated the consent of a 3rd party. Some extensions require local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
I am purchasing a property in Exminster. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender HSBC be concerned?
As your lender is HSBC your lawyer must follow the formal requirements contained in Section two of UK Finance Lenders’ Handbook for HSBC. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and lawyers are required to report to HSBC where a lease does not satisfy these requirements. The provisions relate to the installation of panels on properties nationwide and is not limited to Exminster.
I am expecting a OIP from Santander this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Santander recommend any Exminster solicitors on the Santander conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Exminster solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
I am close to exchanging contracts on the sale of our house in Exminster and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any high street Exminster conveyancer would know this is not the case. It does beg the question why the purchasers are using a web based conveyancing outfit as opposed to a conveyancing solicitor in Exminster. We have lived in Exminster for three years we know that this is a non issue. Should we get in touch with our local Authority to get confirmation that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
The deeds to my house can not be found. The conveyancers who dealt with the conveyancing in Exminster 5 years ago no longer exist. What do I do?
Gone are the days when you need to hold title original deeds to prove you own the land or premises, as the Land Registry have everything they need in a digital format.
I am looking to buy a property and need a conveyancing solicitor in Exminster who is on the lender solicitor panel. Could you point me in the right direction as regards a Exminster solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for the mortgage company who carry out conveyancing in Exminster. We dont recommend any particular solicitor.