Me and my wife are buying property in Roker. My property lawyer has never been on on the bank solicitor panel. Can I still use my Roker conveyancing solicitor notwithstanding that they are not on the mortgage company list of approved lawyers?
Various options include
- Proceed with your preferred Roker lawyer but your lender will undoubtedly appoint a solicitor from their conveyancing panel. The net result is additional charges and potential frustration.
- Appoint a new conveyancing practitioner to conduct the conveyancing, making sure they are on the bank conveyancing panel.
- Convince your solicitor to pull out all the stops to get listed on the bank’s panel of solicitors
My partner and I have recently acquired a property in Roker. We have since encountered a number of problems with the property which we suspect were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been conducted for conveyancing in Roker?
The question is not clear as what problems have arisen and if they are specific to conveyancing in Roker. Conveyancing searches and investigations initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller answers a form called a Seller’s Property Information Form. If the information provided is inaccurate, then you may have a claim against the vendor 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 Roker.
we are a couple who are purchasing a 3 bedroom apartment in Roker with a mortgage from Barclays .We use our Roker conveyancing practitioner but Barclays informed us her practice is not listed on their "panel". We have to appoint a Barclays panel firm or retain our local solicitor and fork out for a Barclays panel lawyer to represent them. We feel as though this is unjust; Can we not simply insist that Barclays use our lawyer?
No, not really. The loan issued to you contains various provisions, a common one being that conveyancers needs to be on the Barclays solicitor panel. in the past, most banks 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 solicitors to apply to be on the conveyancing panel for Barclays
I have a semi-detached Victorian property in Roker. Conveyancing practitioner represented me and Coventry Building Society. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Roker and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with your conveyancing lawyer who conducted the work.
The estate agent has sent us the confirmation of our purchase of a new build flat in Roker. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Roker
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The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please supply a car parking plan. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are surveyor prepared.
My father has recommend that I use his lawyers for conveyancing in Roker. Should I use them?
No doubt it’s preferable to find a conveyancing practitioner is to have guidance from friends or family who have actually used the conveyancer that you are contemplating using.