My husband and I are planning to purchase a house in Scunthorpe and have instructed a Scunthorpe conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Britannia have this morning contacted us to inform me that there is now an issue as our Scunthorpe solicitor is not on their approved list of lawyers. Please explain?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel as you are at liberty to use your preferred Scunthorpe lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
When can the exchange of contracts take place for purchase conveyancing in Scunthorpe and am I required to be at the solicitors branch?
Where you are near to our conveyancing solicitors in Scunthorpe you are welcome to come in to sign documents. However, the law practices we recommend supply a countrywide conveyancing service and give just as detailed and professional a job for you when dealing with you by post or email. The signing of the contract is not when everything is set in stone. A signed contract simply enables the firm to address the formalities at the appropriate time, which is ordinarily shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where a long "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Scunthorpe)to be in the office at the appropriate time.
After reviewing consumer advice sites for a cheap lawyer in Scunthorpe, most comment that I must instruct a CQS kitemarked lawyer. Can you explain what CQS is?
Scunthorpe Conveyancing Quality Scheme solicitors have been granted accreditation under the Law Society's Scheme (CQS) The Law Society introduced CQS to establish evidence of quality standards in the in the legal transfer of properties. CQS enables consumers to identify practices that provide a quality residential conveyancing. Scunthorpe is one of the many areas in England and Wales in which CQS are based. The conveyancing scheme requires law firms to undergo a strict assessment, compulsory training, self-certification, spot checks 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 Council of Mortgage Lenders.
I have been told that property searches are a common cause of stalling in Scunthorpe conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the determinations of research by MoveWithUs that conveyancing searches do not feature within the common causes of delays during the legal transfer of property. Searches are not likely to be the root cause of slowing down conveyancing in Scunthorpe.
Due to the guidance of my in-laws I had a survey completed on a house in Scunthorpe in advance of retaining solicitors. I have been told that there is a flying freehold element to the property. The surveyor advised that some banks tend refuse to grant a mortgage on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Scunthorpe. Conveyancing may be slightly more expensive based on your lender's requirements.
How does the Landlord & Tenant Act 1954 impact my commercial property in Scunthorpe and how can your lawyers assist?
The particular law that you refer to affords protection to business lessees, giving them the right to apply to court for a renewal tenancy and remain in occupation at the end of an expired lease. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and assist with commercial conveyancing in Scunthorpe