We are hoping to buy a 3 bedroom apartment in Hedon with a mortgage. We like our Hedon conveyancer, but the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Hedon property lawyer as well as pay for one of their panel firms to act for them. This seems very unfair; can we not require that the bank use our Hedon lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. A further alternative is for your Hedon conveyancing lawyer to apply to be on the conveyancing panel.
Do the conveyancing lawyers that are recommend execute auction conveyancing in Hedon?
There are a number of niche lawyers we can put you in touch with those specialising in auction conveyancing. Hedon is just one of hundreds of areas of in which our lawyers cover.
I'm the sole beneficiary of my late mum's will and I have everything in my name now, including the my former home in Hedon. Conveyancing formalities meant that the Land Registry date was in December. I want to move. I understand that there is a CML six month 'rule', meaning my property ownership may be considered the same way as if I'd bought the house in December. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. How sensible a view banks take of it, depend on the mortgage company as this clause chiefly exists to capture subsales or the wholesaling and assigning of properties.
Is it the case that all Hedon solicitor firms on the Clydesdale conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. Many mortgage companies do list licenced conveyancers on their panel in which case such organisation would be regulated by the Council of Licensed Conveyancers.
At last I have had an offer on a maisonette in Hedon accepted, but there is a chain. The owners have offered on a property, but it’s not yet agreed to, and have viewings of other properties in the pipeline. I have instructed a nearby conveyancing solicitor in Hedon. What do I do now? When should I get the mortgage application with Principality started?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur expenses prematurely (mortgage application is approx one thousand pounds, then survey, Hedon conveyancing search charges, etc). First, you should check that your property lawyer is on the Principality conveyancing panel. Regarding the next phase this very much dictated by the circumstances of your transaction, motivation for the property and on the state of the market. In a buoyant market some buyers would apply for a home loan with Principality and pay for the valuation and only if it comes back ok would they request their conveyancing practitioner to move forward with the conveyancing in Hedon.
Should our conveyancer be raising questions regarding flooding as part of the conveyancing in Hedon.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Hedon. Some people will buy a house in Hedon, completely expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, but there are a various searches that can be carried out by the buyer or on a buyer’s behalf which should figure out the risks in Hedon. The standard completed inquiry forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual question of the owner to find out whether the premises has historically flooded. In the event that the residence has been flooded in past which is not disclosed by the owner, then a buyer could commence a compensation claim stemming from an incorrect response. The buyer’s lawyers may also order an enviro search. This will higlight if there is a recorded flood risk. If so, additional investigations will need to be made.
I was recommended by a few estate agents in Hedon to find a solicitor using your seach tool. What’s the financial advantage for Estate Agents to recommend your services ahead of a competitor’s?
We refuse to offer any referral fee for sending work in our direction. We found it would be just too difficult a fee because members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
I need to instruct a conveyancing practitioner in Hedon for my home move. Is there any facility to check a firm’s record with the profession’s regulator?
Members of the public can find published Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For details about the period before 1 January 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The regulator may recorded telephone calls for training requirements.