Me and my fiance are buying a 2 bedroom apartment in Oxfordshire with a mortgage. We have a Oxfordshire solicitor, but the bank says she’s not on their "panel". We have to appoint one of the bank panel firms or retain our Oxfordshire solicitor and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
No, not really. Your mortgage offer 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 Oxfordshire conveyancing solicitor to apply to be on the conveyancing panel.
I require conveyancing for a flat in a fairly new development (seven years built) in Oxfordshire. The vast majority the flats are already disposed of. Do I need carry out the conveyancing searches for my conveyancing in Oxfordshire?
You would be putting yourself at risk in not carrying out Oxfordshire conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal necessity to have them, but we would absolutely advise in no uncertain terms that you have them. If speed and price are top of your concerns you should discuss with your lawyer about the possibility of search insurance
We see that you have a search directory identifying solicitors on the Clydesdale conveyancing panel. Do companies pay you a commission if I appoint them for our own conveyancing in Oxfordshire?
We are a listing service only for law firms wishing to communicate if they are on the Clydesdale conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Oxfordshire.
We are purchasing a flat in Oxfordshire. It might be a silly question but how we can trust a solicitor? On completion day we will need to send money into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
Is it the case that all Oxfordshire solicitors on the HSBC conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the HSBC conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel and in such a situation the firms would be regulated by the CLC.
I have today made my last payment due on my mortgage with HSBC. I assume I don't need a Oxfordshire solicitor on the HSBC panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your HSBC 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 HSBC mortgage from the register. HSBC, 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 HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
A relative advised me that if I am purchasing in Oxfordshire I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is usually quoted for as part of the standard Oxfordshire conveyancing searches. It is a large report of about 40 pages, listing and setting out significant information about Oxfordshire around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Oxfordshire Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Oxfordshire Education with maps and statistics, Local Amenities and other useful information regarding Oxfordshire.
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Oxfordshire is where the house is located. Can you offer any assistance?
Flying freeholds in Oxfordshire are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Oxfordshire you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Oxfordshire 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 premises.