Stafford Railway Building Society Conveyancing Panel Assistance:
The Society uses Legal Marketing Services Ltd (LMS) for its panel arrangements.
You must also comply with the terms and conditions of your Stafford Railway Building Society solicitor panel appointment.
Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Stafford Railway Building Society are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check the Stafford Railway Building Society Specific Requirements of BSA Handbook to be sure), but you are obliged to explain risks and availability to the borrower.
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.
In your situation, if the purchaser will not consent to the information being passed on to the lender, the solicitor must cease to act for Stafford Railway Building Society and it may well be prudent for you to cease to act for the purchaser as well. You must not inform Stafford Railway Building Society of the reason for termination of the retainer over and above the fact that a conflict has arisen. The fact that you can no longer act should alert even the most somnambulistic of lenders that something is wrong with the borrower and/or purchase. The fact that you have disinstructed yourself should not affect your Stafford Railway Building Society conveyancing panel status.
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