Whistletree Conveyancing Panel Information

The CML do not hold duplicates of P2 conditions Pre January 2011. The CML recommend you make a request of Whistletree directly.

The Council of Mortgage Lenders (or the BSA) do not involve themselves in training but they do provided numerous useful conveyancing related conferences which are attended by firms on the Whistletree conveyancing panel. Lexsure intend to run specific lender focused seminars in the near future including a webinar on Whistletree’s Part 2 obligations. Law firms on the Whistletree conveyancing panel are welcome. Further details will be communicated as part of the LENDERmonitor P2 change Notifications.

Whistletree 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 Whistletree 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. Does your ROT and Ts and Cs cover this?

A leading search provider lists over 65 conveyancing 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 contact your search provider or call one of the leading search companies such as Searchflow.

You need to be careful here as what you are proposing may not be acceptable to the lender. It is possible that you (as a non-panel firm) or the mortgage applicant are not entitled instruct a panel firm of your choice. Many lenders make it clear to their panel firms that where a non-panel member firm is instructed by one of their mortgage applicants, the lender must appoint a panel firm to carry out its instructions and to liaise with the borrower's conveyancing firm. You also need to make the costs implications and potential for delay very clear to your client.

We would recommend that you supply details of the date of removal, information on the reason for removal, date of appeal and any reason given for reinstatement. This should not negatively affect your application but gives the Law Society viability as to what has gone on.

You should get in touch with Whistletree to obtain standard documents. The CML Handbook contains an explicit question for banks to cite who to contact to obtain standard documents. Whistletree in their Part 2’s state: Please remember to disclose the firm’s Whistletree conveyancing panel number.