I am acquiring a flat in Hungerford. My Conveyancer is not listed on the lender solicitor panel. Am I still permitted to retain my Hungerford conveyancing solicitor even though they are excluded from the bank list of approved lawyers?
Your options include
- Complete the purchase with your chosen Hungerford lawyer but your lender will no doubt appoint a solicitor on their approved panel. The net result is additional cost and likely frustration.
- Choose a new conveyancing practitioner to conduct the conveyancing, making sure they are on the lender conveyancing panel.
- Convince your property lawyer to seek to join the bank panel
My partner and I have just purchased a property in Hungerford. We have since encountered a number of problems with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out as part of conveyancing in Hungerford?
The query is vague as what problems have arisen and if they are unique to conveyancing in Hungerford. Conveyancing searches and investigations initiated during the buying process are carried out to help avoid problems. As part of the process, a property owner answers a questionnaire called a Seller’s Property Information Form. If the information is misleading, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Hungerford.
When reading mumsnet.com for an online lawyer in Hungerford, most comment that I should instruct a CQS kitemarked solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's biggest lenders. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). The scheme does not cover licenced conveyancers. Hungerford is one of the numerous areas in England and Wales where there are CQS solicitors.
Is it the case that all Hungerford solicitor practices on the Co-operative conveyancing panel are regulated by the SRA?
As a firm of solicitors, in order to be on the Co-operative conveyancing panel they would need to be regulated by the SRA. Some mortgage companies do permit licenced conveyancers on their panel and in such a situation the firms would be overseen by the CLC.
We are getting a further advance on our mortgage from Principality as we wish to conduct renovations to our property in Hungerford. Are we obliged to choose a bricks and mortar Hungerford solicitor on the Principality conveyancing panel to deal with the paperwork?
Principality don't usually appoint firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Principality panel.
I have today made my last payment due on my mortgage with Bank of Ireland. I assume I don't need a Hungerford conveyancing practitioner on the Bank of Ireland panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Bank of Ireland mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Bank of Ireland mortgage from the register. Bank of Ireland, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
I need some fast conveyancing in Hungerford as I have pressure to complete inside 3 weeks. A home loan is not required. Is it possible to decline from having conveyancing searches to save fees and time?
If.Given you are are a cash buyer you are at liberty not to have searches conducted although no lawyer would suggest that you don't. Drawing on years of experience of conveyancing in Hungerford the following are examples of issues that can be revealed and adversely affect the marketability of the property: Enforcement Actions, Outstanding Charges, Overdue Grants, Road Schemes,...
Are there restrictive covenants that are commonly identified during conveyancing in Hungerford?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Hungerford. 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…’