Am I correct in assuming that the fact that my solicitor in Bridport is not identified on my bank's conveyancing panel that there is a problem with the quality of his conveyancing?
That is more than likely a wrong assumption to make. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Bridport conveyancing firm and ask them why they are no longer on the approved list for your bank.
I had intended to instruct a property lawyer in Bridport for our house purchase. Our broker informed us that our mortgage company Lloyds TSB Bank won't deal with them. Surely this is unduly restrictive?
Pre- 2008 most mortgage companies had a different appetite for risk. Almost all Bridport conveyancing firms would have been on many mortgage company panels. The Financial Services Authority in 2010 completed a thematic investigation into mortgage fraud which concluded: know the conveyancing solicitors dealt with. Consequently, lenders are increasingly seeing more data from law firms regarding their operations and the individuals who work for them as well as set certain criteria such a completing on a minimum volume of conveyancing. Many Bridport conveyancing firms that have been excluded from lender panels have Unblemished track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Bridport is amongst the many areas where the lawyers we list are members of the panel for Lloyds TSB Bank.
Just had an offer accepted on a new build flat in Bridport. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Bridport
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are surveyor prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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.
I opted to have a survey carried out on a property in Bridport prior to instructing solicitors. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some lenders may refuse to grant a mortgage on such a premises.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. Should you wish to telephone us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Bridport. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Bridport to see if the conveyancing will be more expensive.
I am thinking of appointing a conveyancing practitioner in Bridport for my home move. Can I review a solicitor's complaints history with the legal regulator?
You may see published Solicitor Regulator Association (SRA) decisions resulting from investigations from 2008 onwards. Visit Check a solicitor's record. To find information Pre 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator could monitor telephone calls for training purposes.
The mortgage broker has suggested using their conveyancer for our conveyancing in Bridport - Surely it’s easier to just instruct them?
It is worth checking if the estate agent is recommending a lawyer or introducing to a solicitor. There are plenty of Bridport estate agents who recommend two or three Bridport conveyancing firms and get nothing from it.