My fiance and I are looking to purchase a flat in Beddington and have instructed a Beddington conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Skipton Building Society have this evening contacted us to advise us that they have now hit a problem as our Beddington conveyancer is not on their approved list of lawyers. Is this a problem?
If you are buying a property requiring a mortgage it is standard for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Beddington solicitors, in which case your legal fees may increase, and it may delay matters as you have another set of people involved.
I am need of leasehold conveyancing for a flat in a relatively new development (five years old) in Beddington. 95% of the properties are already disposed of. Is it strictly necessary to order neighbourhood searches for my conveyancing in Beddington?
You would be taking a significant risk in failing carrying out Beddington conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying without a mortgage there is no legal necessity to have them, but we would absolutely advise in no uncertain terms that your conveyancer conducts them. Where timings and price are top of your concerns you should consider with your solicitor about the options such as contingency insurance available to you
Do I need to attend the offices of the solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Beddington so that I can pop in to their offices if required.
These days approved lawyers for lenders undertake the vast majority of work through the post, internet or over the phone. This means that they can undertake the legal work for your home move no matter where you live in the country. Nevertheless you can check if you have the option of visiting the offices of your conveyancing lawyer if needed.
Is there a list of TSB panel solicitors in Beddington on the Building Society Association’s Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association sites. A small selection of lending institutions make their panel listings viewable online. Where you are seeking to appoint a Beddington solicitor on the TSB please use our facility.
We previously chose conveyancing lawyers located in Beddington on the Nottingham solicitor approved list. They are now charging me a separate fee for the legal aspects of the Nottingham mortgage. Is this a supplemental conveyancing fee specified by Nottingham?
As unfair as it may seem, as long as it’s in their Terms of Engagement or estimate then yes your solicitor may charge a fee for this. The charge is not dictated by Nottingham but by your Beddington conveyancer. Some firms on the Nottingham panel will quote an ‘acting for lender’ fee but plenty of firms incorporate it on their overall fee.
The formalities of my purchase has taken place for my property in Beddington. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
My colleague recommended that where I am purchasing in Beddington I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
A search of this type is sometimes included in the estimate for your Beddington conveyancing searches. It is a large report of more than thirty pages, listing and detailing important information about Beddington around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Beddington Education with plans and statistics, Local Amenities and other useful information regarding Beddington.
I am buying a new build apartment in Beddington. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Beddington
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.