My husband and I are purchasing a 1 bedroom flat in Malpas with a mortgage. We like our Malpas lawyer, but the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel firms or retain our Malpas solicitor and pay for one of their panel ones to act for them. This seems very unfair; can we not require that the lender use our Malpas property lawyer ?
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 Malpas conveyancing solicitor to apply to be on the conveyancing panel.
As someone unfamiliar with the Malpas conveyancing process what’s your top tip you can give me for the house moving process in Malpas
Not many law firms shout this from the rooftops but conveyancing in Malpas or throughout England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there exists plenty of room for conflict between you and others involved in the ownership transfer. For instance, the vendor, estate agent and even potentially your mortgage company. Choosing a solicitor for your conveyancing in Malpas an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose responsibility is to act in your best interests and to keep you safe.
On occasion a potential adversary will try and convince you that you should follow their advice. For instance, the selling agent may claim to be assisting by claiming that your solicitor is wrong. Or your financial adviser may try to convince you to do take action that is contrary to your conveyancers recommendation. You should always trust your lawyer above all other parties in the conveyancing process.
Having spent time reading mumsnet.com for an affordable lawyer in Malpas, most comment that I should use a CQS accredited solicitor. What is CQS?
Malpas Conveyancing Quality Scheme practices have been granted accreditation under the Law Society's Scheme (CQS) The Law Society established CQS to promote high standards in the home buying process. CQS enables buyers and sellers to identify practices that provide a quality residential conveyancing. Malpas is one of the many areas in England and Wales in which accredited firms have offices. The scheme requires practices to undergo a strict assessment, compulsory training, self-reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Building Societies Association.
My partner and I are downsizing from our property in Malpas and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A local conveyancer would know this is not the case. For the life of me I don't know why the buyers instructed an online conveyancing firm as opposed to a conveyancing solicitor in Malpas. We have lived in Malpas for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to get confirmation need.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You must 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 health insurance to cover that same sickness)
I used Stirling Law a few years past for my conveyancing in Malpas. Now, I need the documents but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Malpas of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what should have been a straight forward, no chain conveyancing. Malpas is the location of the property. What do you suggest?
Flying freeholds in Malpas are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Malpas you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Malpas may ascertain 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 residence.