We are hoping to purchase a 2 bedroom flat in Battle with a mortgage. We like our Battle conveyancer, however the mortgage company says she’s not on their "panel". We have to appoint one of the bank panel conveyancing practices or continue with our Battle property lawyer and pay for one of their panel ones to represent them. This feels very unfair; can we not demand that the mortgage company use our Battle conveyancing practitioner ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose 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. Another option that might be available is for your Battle conveyancing solicitor to apply to be on the conveyancing panel.
Our son-in-law is about to exchange on a house that has just been built in Battle with a mortgage from Lloyds. His conveyancer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
My Conveyancer in Battle has never been on on the The Royal Bank of Scotland Approved Panel. Is it possible for me to retain my family solicitor notwithstanding that they are not on the The Royal Bank of Scotland panel?
The limited options open to you here include:
- Complete the purchase with your preferred Battle solicitors but The Royal Bank of Scotland will need to instruct a conveyancer on their list of acceptable firms. This will inevitably rack up the total legal fees and result in delays.
- Find a new practitioner to act in the conveyancing, not forgetting to check they are on the The Royal Bank of Scotland panel
What is the difference between a licensed conveyancer and conveyancing solicitor in Battle
There are two types of lawyers who can do conveyancing in Battle namely CLC regulated conveyancers or solicitors. The two can handle conveyancing services that you need to complete the disposal or purchase of property. Both are obliged to handle Battle conveyancing on similar quality and guidelines so you can be safe in the knowledge that your conveyancing will be professionally carried out and that the necessary procedures will be correctly followed.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Battle building society branch on various occasions and was reassured it wasn't a problem and they will lend. My Battle conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
As long as the lawyer is on the mortgage company panel, they must comply with the CML Handbook provisions for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I was told three weeks ago that my mortgage has been agreed to by Clydesdale. Is it usual for Clydesdale to only issue the offer once my solicitor in Battle is approved on their conveyancing panel? Clydesdale have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Clydesdale to deal with your lawyer's application to be on the Clydesdale conveyancing panel. There's no guarantee that your solicitor will be accepted.
Should commercial conveyancing searches reveal impending roadworks that may impact a commercial estate in Battle?
Its becoming the norm that commercial conveyancing solicitors in Battle will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in sourcing accurate data on highways that impact buildings and development assets in Battle. The report provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Battle.
For each commercial conveyancing transaction in Battle it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately could cause delays to Battle commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Battle.
How does conveyancing in Battle differ for new build properties?
Most buyers of new build or newly converted property in Battle contact us having been asked by the seller to sign contracts and commit to the purchase even before the property is ready to move into. This is because developers in Battle tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Battle or who has acted in the same development.