Our solicitor has identified a defect with the lease for the flat we are purchasing in Verwood. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our property lawyer says that he must be satisfied that the mortgage company is happy with this solution. Are we the client or is the lender?
Even though you have a mortgage offer from the lender does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
we are a couple who intend to purchase a newly converted flat in Verwood with a homeloan from Santander.We have a Verwood conveyancing solicitor but Santander says she’s not on their approved list of member firms. we are left little option but to use a Santander panel firm or retain our preferred solicitor and fork out for a Santander panel lawyer to represent them. This seems very unfair; Can we not simply insist that Santander use our lawyer?
No, not really. The home loan offered to you is subject to its various provisions, a common one being that conveyancers needs to be on the Santander approved list. Until recently, most banks had large numbers of law firms on their panels: a borrower could find 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 lawyer to apply to be on the conveyancing panel for Santander
I am helping my mother sell her house in Verwood. Will the solicitor order an energy assessment or do I organise this?
After the abolition of Home Packs, energy performance certificates was left as a compulsory part of selling a house. An EPC must be commissioned prior to the property being marketed. This is not as aspect of the sale process that lawyers normally arrange. Where you are using a Verwood conveyancing solicitor they might help arrange energy assessments given their relationships with long established Verwood providers
is it true that all Verwood solicitor practices on the Kent Reliance conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Kent Reliance approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. The majority of banks do permit licenced conveyancers on their panel in which case such organisation would be overseen by the Council of Licensed Conveyancers.
I'm at the point of viewing houses in Verwood and I am now considering a potential offer. Should I already have a lawyer appointed at this stage? I intend to finance via a mortgage with RBS.
You should start obtaining conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the estate agent. Given that you are seeking a mortgage with RBS, make sure you remember to check that your lawyer is on the RBS conveyancing panel.
Are there restrictive covenants that are commonly picked up during conveyancing in Verwood?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Verwood. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the guidance of my in-laws I had a survey completed on a property in Verwood ahead of retaining conveyancers. I have been told that there is a flying freehold element to the property. My surveyor has said that some banks will not give a loan on such a house.
It depends who your proposed lender is. Santander has different instructions for example to Nationwide. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Verwood. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Verwood to see if the conveyancing costs will increase in light of this.
I am contemplating appointing a web based property lawyer ahead of a Verwood conveyancing practice. Should I ‘stay local’?
There are advantages of being able to attend a local Verwood conveyancing solicitor for instance
- signing documents same day
- having one on one explanations of issues that need explaining
- the ability to complain if matters are not going as expected
When comparing estimates, look carefully for hidden extras. The majority decent Verwood high street solicitors give an all-inclusive price. Many online agents seem to offer low cost prices, but have burried 'extras' in the fine print.