Am I correct in assuming that the fact that my solicitor in Brighstone is not identified on my mortgage company's solicitor panel that there is a problem with the quality of her work?
It would not be wise to jump to that conclusion. There are plenty of reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (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. Should you be concerned you should simply call the Brighstone conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
What happens if my solicitor is suspended from the TSB Solicitor panel ahead of completing my conveyancing in Brighstone?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Should my solicitor be raising questions about flooding during the conveyancing in Brighstone.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Brighstone. There are those who purchase a property in Brighstone, fully expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, however there are a numerous searches that can be initiated by the purchaser or on a buyer’s behalf which should figure out the risks in Brighstone. The conventional set of completed inquiry forms supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to discover whether the property has suffered from flooding. In the event that the property has been flooded in past and is not notified by the vendor, then a purchaser may issue a claim for damages stemming from an incorrect response. The buyer’s conveyancers will also conduct an enviro search. This should reveal if there is a recorded flood risk. If so, further investigations will need to be made.
Me and my brother have a terraced Victorian house in Brighstone. Conveyancing practitioner acted for me and Santander. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Brighstone and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with your conveyancing lawyer who conducted the purchase.
What tools are available to identify a Brighstone solicitor on the Leeds Building Society conveyancing panel? I have wheels and am prepared to travel upto 20miles to meet the lawyer.
You can use the tool on this page. Please choose the lender and your location and you will see a number of Brighstone conveyancing lawyers based on proximity. We have detailed some Brighstone conveyancing firms towards the end of this page and you can contact them to check whether they are on the Leeds Building Society approved list
The estate agent has recommended their conveyancing practitioner for our conveyancing in Brighstone - Is it not simpler better to just instruct them?
It is worth checking if the selling agent is recommending a conveyancer or introducing to a property lawyer. There are plenty of Brighstone estate agents who recommend two or three Brighstone conveyancing firms purely based on those lawyers offering a great service.