Me and my partner are buying a 3 bedroom flat in Gloucester with a mortgage. We would like to retain our Gloucester solicitor, however the bank advise she’s not on their "panel". It appears that we have no option but to select one of the lender panel solicitors or continue with our Gloucester lawyer as well as pay for one of their panel firms to represent them. We feel that this is inequitable; are we not able to require that the mortgage company use our Gloucester conveyancer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Gloucester conveyancing solicitor to apply to be on the conveyancing panel.
I am assisting my step-mother sell her property in Gloucester. Will the conveyancing solicitor order an EPC or do I organise this?
Following the demise of HIPs, energy assessments was retained a required element of selling a property. An energy performance certificate needs to be commissioned before the property is placed on the market. It is not as aspect of the sale process that lawyers ordinarily organise. Where you are using a Gloucester conveyancing practitioner they might be able to arrange energy performance certificates given their contacts with reputable local assessors
Is it correct that all Gloucester CQS (Conveyancing Quality Scheme) solicitors are on the Santander conveyancing panel?
It is true that some banks and building societies now utilise CQS as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their approved list of firms.
I have a mortgage with Principality for my property in Gloucester. Conveyancing has been completed months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Principality?
Your original mortgage agreement with Principality will provide that you need their approval prior to letting out your property as this is likely to be a breach of Principality’s mortgage conditions. It may be that Principality will permit you to let 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 Principality directly. It should not be necessary to do this via a Principality conveyancing panel lawyer.
Are there restrictive covenants that are commonly identified during conveyancing in Gloucester?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Gloucester. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Gloucester differ for newly converted properties?
Most buyers of new build premises in Gloucester come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is constructed. This is because developers in Gloucester usually acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Gloucester or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what should have been a simple, chain free conveyancing. Gloucester is where the house is located. What do you suggest?
Flying freeholds in Gloucester are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Gloucester you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Gloucester may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am using a search engine for the term on line conveyancing in Gloucester it shows results of many solicitorslocally. With so much choice what is the best way to find the suitable property lawyer for my move?
The ideal method of seeking the right conveyancer is via personal testimonial, so enquire of friends and those you trust who have acquired a property in Gloucester or the reputable estate agent or financial adviser. Fees for conveyancing in Gloucester differ, so it's a good idea to obtain at least four estimates from different solicitors. Be sure to seek confirmation that the fees are fixed.