My husband and I are purchasing a 1 bedroom apartment in South Kensington with a mortgage. We like our South Kensington solicitor, but the mortgage company advise she’s not on their "panel". We have to appoint one of the bank panel firms or continue with our South Kensington conveyancing practitioner and pay for one of their panel ones to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you 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. Another option that might be available is for your South Kensington conveyancing lawyer to apply to be on the conveyancing panel.
After researching mumsnet.com for a conveyancing solicitor in South Kensington, many comment that I must look for a CQS kitemarked lawyer. Can you explain what CQS is?
South Kensington 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 home legal process. CQS enables buyers and sellers to identify practices who provide a quality residential conveyancing. South Kensington is one of locations in England and Wales in which accredited firms have offices. The conveyancing scheme requires solicitors to undergo a strict assessment, compulsory training, self-certification, random audits and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Council of Mortgage Lenders.
Should our lawyer be raising questions about flooding during the conveyancing in South Kensington.
Flooding is a growing risk for solicitors dealing with homes in South Kensington. There are those who buy a property in South Kensington, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, however there are a various searches that may be carried out by the purchaser or by their lawyers which will figure out the risks in South Kensington. The standard information given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to determine whether the property has suffered from flooding. In the event that the premises has been flooded in past which is not revealed by the vendor, then a purchaser may commence a legal claim for losses as a result of such an misleading reply. A purchaser’s solicitors may also order an environmental report. This should higlight if there is a recorded flood risk. If so, additional inquiries should be carried out.
Due to the advice of my in-laws I had a survey completed on a property in South Kensington ahead of instructing lawyers. I have been told that there is a flying freehold element to the house. The surveyor advised that some lenders may not give a mortgage on such a property.
It varies from the lender to lender. Santander has different instructions for example to Nationwide. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in South Kensington. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in South Kensington to see if the conveyancing costs will increase in light of this.
Am I best advised to choose a South Kensington conveyancing solicitor in close proximity to the house I am purchasing? An old friend can carry out the legal formalities but her office is a couple of hundredmiles away.
The benefit of a local South Kensington conveyancing practice is that you can visit the firm to sign documents, present your ID and pester them if necessary. Having local South Kensington know how is a plus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust used your friend and the majority were happy that should trump using an unfamiliar South Kensington conveyancing lawyer just because they are based in the area.
How do I find the right lawyer for my conveyancing in South Kensington ?
Option 1 is to ask the people you trust they would would instruct. Option 2 is to search the web for conveyancing in South Kensington. Phone a couple or more firms from the list and request that they send you their conveyancing fees and discuss your needs with the solicitor who will handle your conveyancing before you make your decision. Option 3 is to use this site to help you find the right solicitors for you based on your unique factors including location,speed, complexity and who your intended mortgage company is.Resist the temptation to appoint £99 conveyancing solicitors in South Kensington