We are purchasing a 2 bedroom flat in Cheltenham with a mortgage. We wish to retain our Cheltenham conveyancer, but the mortgage company says she’s not on their "panel". We have to appoint one of the lender panel solicitors or keep our Cheltenham property lawyer and pay for one of their panel ones to act for them. We regard this is unjust; can we not require that the bank use our Cheltenham 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 bank’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 Cheltenham conveyancing lawyer to apply to be on the conveyancing panel.
The owners of the house we are purchasing hired a conveyancing solicitor in Cheltenham who has suggested a preliminary agreement with a down payment 10k. Is it wise to enter into such agreements?
This form of preliminary agreement is unusual in Cheltenham, conveyancers are not keen on them as they divert attention from the primary focus, namely conveyancing and if you end up having your deposit forfeited then the lawyer is left exposed. In addition, there is no certainty that just because the vendor has executed an exclusivity contract they will sell to you. They may be in contravention of the contract if they are offered sufficient incentive to do so because a wronged purchaser with the benefit of a exclusivity agreement will still be legally obliged to show losses as a consequence of the breach and these may not compare to the financial upside that the owner may obtain by breaking the contract, however morally shameful the behaviour is.
As someone clueless as to conveyancing in Cheltenham what’s the number one tip you can give me for the legal transfer of property in Cheltenham
Not many law firms or advisers will tell you this but conveyancing in Cheltenham and elsewhere in England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there is an abundance of room for friction between you and others involved in the transaction. For example, the seller, selling agent and on occasion your bank. Selecting a law firm for your conveyancing in Cheltenham should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the transaction whose responsibility is to act in your best interests and to protect you.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone must be blamed for the process being so protracted. You your first instinct should be to trust your conveyancer above all other parties in the conveyancing process.
The Cheltenham conveyancing firm that I recently instructed on my purchase in Cheltenham have suddenly shut down. They were on acting for me because I had to have a lawyer on the Kent Reliance conveyancing panel and my preferred Cheltenham lawyer was not. I issued them a cheque for two hundred pounds in advance. What do I do now?
If you have an estate agent involved then let them know straight away so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Kent Reliance conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a simple, no chain conveyancing. Cheltenham is where the house is located. What do you suggest?
Flying freeholds in Cheltenham are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cheltenham you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cheltenham may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am thinking of appointing a conveyancing lawyer in Cheltenham for my sale. Can I see a solicitor's record with the profession’s regulator?
Anyone can find presented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Visit Check a solicitor's record. For information about the period before 1 January 2008, or to check a firm's record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The SRA sometimes recorded call for training requirements.