Is the fact that my solicitor in Halifax is not on my lender's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
It would be unwise to jump to that conclusion. There are plenty of plausible explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Halifax conveyancing firm and ask them why they are no longer on the approved list for your lender.
Should conveyancers request an advanced payment for my conveyancing in Halifax?
If you are buying a property in Halifax your solicitor will request that you place them with monies to cover the the cost of the conveyancing searches. Generally this is requested to cover the fees of the conveyancing searches. If any down payment is payable against the total price then this should be required immediately in advance of exchange of contracts. The closing balance that is due will be payable a few days prior to the completion date.
Can you clarify what the consequences are if my solicitor is expelled from the Santander Conveyancing panel ahead of completing my conveyancing in Halifax?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
How does conveyancing in Halifax differ for new build properties?
Most buyers of new build premises in Halifax come to us having been asked by the developer to sign contracts and commit to the purchase even before the premises is completed. This is because house builders in Halifax typically buy 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 conveyancing solicitors 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 Halifax or who has acted in the same development.
I've recently found out that there is a flying freehold element on a house I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Halifax is where the house is located. What do you suggest?
Flying freeholds in Halifax are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Halifax you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Halifax 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'm remortgaging my existing property to a buy to let mortgage with TSB and intend to use the remaining equity as a deposit on a second property. The neighborhood we are interested in is Halifax. Will your solicitors be able to act for both sets of mortgage companies and link together the two deals?
Do use our comparison tool on this site to ensure that the solicitors are on the appropriate lender panels. On the basis that they are the solicitor will be able to connect the two transactions but you should have a chat with you solicitor and communicate your expectations and requirements.