My wife and I are hoping to purchase a house in Ventnor and have appointed a Ventnor conveyancing firm. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Santander have this morning contacted us to advise us that they have now hit a problem as our Ventnor lawyer is not on their conveyancing panel. What do we do from here?
When purchasing a property with mortgage finance 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 Quality Scheme. Your property lawyer should contact your mortgage company 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 Ventnor lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
In looking at mumsnet.com for a recommended lawyer in Ventnor, most comment that I must instruct a CQS accredited solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in buying or selling property, trusted by some of the UK's leading mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. CQS is not a scheme offered by the Society for Licensed Conveyancers. Ventnor is one of the many areas in England and Wales where there are CQS solicitors.
I am assisting my niece sell her house in Ventnor. Will the conveyancing solicitor order an EPC or should I organise this?
Following the demise of Home Information Packs, energy performance certificates was kept a mandatory element of selling a property. An energy assessment needs to be commissioned in advance of the property being advertised. It is not a task that solicitors ordinarily arrange. If you are instructing a Ventnor conveyancing lawyer they may be able to arrange energy performance certificates given their relationships with reputable local energy assessors
A relative advised me that in buying a property in Ventnor there may be a number of restrictions preventing external alterations to a property. Is this right?
There are a number of properties in Ventnor which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Ventnor should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
How can we tell if a Ventnor conveyancing solicitor on the Nationwide panel is any good?
When it comes to conveyancing in Ventnor seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always recommend that you speak with the lawyer conducting your transaction.
I used Action Conveyancing several years ago for my conveyancing in Ventnor. I now require my file but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Ventnor of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Ventnor differ for newly converted properties?
Most buyers of new build or newly converted property in Ventnor approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is ready to move into. This is because builders in Ventnor tend to purchase 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 conveyancers 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 Ventnor or who has acted in the same development.
We're novice buyers - agreed a price, yet the selling agent advised that the vendor will only issue a contract if we instruct the agent's preferred conveyancers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a local solicitor used to conveyancing in Ventnor
We suspect that the owner is not behind this requirement. Should the seller require ‘a quick sale', alienating a serious purchaser is likely to cause more damage than good. Try to communicate with the owners directly and explain that (a)you are keen to buy (b)you are ready to go, with finances in place © you do not need to sell (d) you wish to move quickly (e)however you will continue to instruct your preferred Ventnor conveyancing lawyers - as opposed tothose that will provide the negotiator at the agency a commission or achieve conveyancing figures demanded by senior management.