I am nearing exchange of contracts for my home in New Cross and the estate agent has just telephoned to advise that the purchasers are appointing a new solicitor. I am told that this is due to the fact that the lender will only engage with solicitors on their approved list. On what basis would a big named mortgage company only deal with specific lawyers rather the firm that they want to appoint to handle their conveyancing in New Cross ?
UK lenders have always had an approved set of law firms that can act for them, but in the past few years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for decades.
Banks justify this action to a rise in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any impact on this.
My solicitor has identified a defect with the lease for the property we are purchasing in New Cross. The other side have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer says that he must ensure that the bank is happy with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
Is there a reason why leasehold purchase conveyancing in New Cross is more expensive?
The conveyancing charges on a leasehold premises in New Cross is often higher as compared to a freehold transaction. This is due to the additional investigations necessary in liaising with the freeholder and management company to obtain evidence concerning whether the rent and maintenance fee have been discharged and whether there are any major works due in the near future on repairs or maintenance of the building.
We previously chose solicitors based in New Cross on the Skipton solicitor approved list. They have just billed me a further fee for the legal aspects of the Skipton mortgage. Is this an additional conveyancing fee specified by Skipton?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your property lawyer is entitled to charge a fee for this. This fee is not dictated by Skipton but by your New Cross lawyer. Numerous firms on the Skipton panel will levy an ‘acting for lender’ fee but some firms incorporate it on their overall fee.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local New Cross building society branch on numerous occasions and was told they are content with the situation and they would lend. My New Cross conveyancing solicitor - who is on the lender conveyancing panel- called and was told they refuse to lend in accordance with their published requirements. I have no idea who is right.
The conveyancing practitioner has to comply with the CML Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I have instructed a New Cross lawyer having checked that they are on the HSBC conveyancing panel. Does my lawyer arrange the survey of the property?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own New Cross surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
How does conveyancing in New Cross differ for newly converted properties?
Most buyers of new build or newly converted property in New Cross come to us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is finished. This is because developers in New Cross tend to 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 New Cross or who has acted in the same development.
A couple of months ago I was told by my lender that their approved conveyancers work on no move no charge basis for conveyancing in New Cross. I had a purchase fall through nevertheless the solicitors want search fees! They are claiming that the fees are nothing to do with their fees!
By promising "no sale no fee" New Cross conveyancing lawyers are foregoing their fees for any work carried out. We should make it clear that this is not to be regarded as an insurance scheme. Disbursements aren’t covered – where the conveyancer have to pay money out to other people, e.g. New Cross local search fees