My solicitor has identified a a problem with the lease for the flat we are buying in Westminster. The other side have offered defective title insurance as a solution. We are happy with insurance and will cover the costs. Our property lawyer says that he must ensure that the lender is happy with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the mortgage company are the client. The appropriate lender conditions must be adhered to.
Completed the sale of my flat in Westminster last August but my buyer keeps Skype messaging every few hours to say her solicitor is waiting to hear from mylawyer. What should have happened now that I have sold?
Following your disposal your conveyancer should deliver the transfer deeds and all supplemental paperwork to the purchaser's conveyancer. Depending on the transaction, your lawyer must also evidence that the legal charge in favour of the lender has been paid off to the buyers lawyers. There is unlikely to be post completion steps just for conveyancing in Westminster.
Can you clarify what the consequences are if my lawyer’s firm is expelled from the Aldermore Conveyancing panel ahead of completing my conveyancing in Westminster?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Is it correct that all Westminster CQS (Conveyancing Quality Scheme) solicitors are on the Kent Reliance conveyancing list of approved practices?
A selection of lenders now make use of CQS as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of conveyancing solicitors.
When it comes to lenders such as Lloyds, do Westminster solicitors face a fee to be on the conveyancing panel?
We are not aware of any bank fees to be on their list of approved firms, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
I am buying a property in Westminster. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Co-operative be concerned?
As your lender is Co-operative your lawyer must follow the formal requirements set out in Section two of UK Finance Lenders’ Handbook for Co-operative. The CML Handbook stipulates minimum conditions for solar panel roof-space leases, and solicitors are required to report to Co-operative where a lease does not comply with these provisions. The specifications relate to the installation of panels on properties in England and Wales and is not limited to Westminster.
Given that I am about to part with hundreds of thousands of pounds on a property in Westminster I would like to talk to a solicitor regarding thehouse move in advance of giving the go ahead to the firm. Can this be arranged?
We could not agree more - it is our preference to talk to you we do not take any clients on without you first talking to the solicitor due to be carrying out your conveyancing in Westminster.There is no ‘factory style conveyancing’ - every client is unique individual, not a matter reference. The law firms that we put you in touch with believe that the figure you are calculated and presented to you for your conveyancing in Westminster should be the amount on the final invoice that you are charged.
I need to appoint a conveyancing solicitor for remortgage conveyancing in Westminster. I have chance upon a site which looks to be the perfect offering If there is a chance to get all the legals done via web that would be preferable. Should I be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?