Darlington Building Society Conveyancing Panel Information

We are not aware of any intention on the part of the CML to develop such a tool.

Darlington Building Society make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Darlington Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the client.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Is this covered within your Terms of Engagement or Report on Title?

A leading search supplier lists over 72 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location call your search provider or call one of the leading search companies such as Searchflow.

Most lenders do not operate a specific buy to let conveyancing panel but we are hearing about a few that do. We do not know what the position is with Darlington Building Society as at todays date. If you're about to receive instructions from a client on a buy to let purchase with a mortgage from Darlington Building Society we suggest that you call Darlington Building Society to check the position.

There are various requirements you need to follow if you wish to comply with your lender client’s instructions as set out in the UK Finance Lenders’ Handbook. First, You must take reasonable steps to verify that there are no discrepancies between the description of the property as valued and the title and other documents which a reasonably competent conveyancer should obtain, and, if there are, you must tell Darlington Building Society immediately. (II) You should take reasonable steps to verify that the assumptions stated by the valuer about the title (for example, its tenure, easements, boundaries and restrictions on its use) in the valuation and as stated in Darlington Building Society’s mortgage offer are correct. If they are not, please let Darlington Building Society know as soon as possible as it will be necessary for Darlington Building Society to check with the valuer whether the valuation needs to be revised. Darlington Building Society conveyancing panel solicitors are not expected to assume the role of valuer. Darlington Building Society are simply trying to ensure that the valuer has valued the property based on correct information. (c) Darlington Building Society recommend that you should advise the borrower that there may be defects in the property which are not revealed by the inspection carried out by their valuer and there may be omissions or inaccuracies in the report which do not matter to them as a lender but which would matter to the borrower. Darlington Building Society recommend that, if we send a copy of a valuation report that Darlington Building Society have obtained, you should also advise the borrower that the borrower should not rely on the report in deciding whether to proceed with the purchase and that he obtains his own more detailed report on the condition and value of the property, based on a fuller inspection such as a homebuyers report or structural survey. If you do not receive a copy of the valuation you can always ask for a copy of one from Darlington Building Society or the borrower. You still need to comply with the UK Finance Lenders’ Handbook Requirement relating to valuation reports even if you don't receive one directly. Failure to comply not only runs the risk of facing a claim by the lender but also being removed from the Darlington Building Society conveyancing panel

CQS accreditation gives no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. A number of Lenders now use the scheme as the starting point for Panel approval such as HSBC.

You should communicate with Darlington Building Society to obtain standard documents. The The Council of Mortgage Lenders Handbook includes an express section for lenders to set out who to contact to obtain standard documents. Darlington Building Society in their Part 2’s state: Always remember to quote your Darlington Building Society solicitors panel reference.