We are buying a 3 bedroom apartment in Cranford with a mortgage. We would like to retain our Cranford lawyer, however the lender advise she’s not on their "panel". It appears that we have no choice but to use one of the lender panel solicitors or continue with our Cranford solicitor and pay for one of their panel firms to represent them. We feel that this is unjust; can we not insist that the mortgage company use our Cranford conveyancing practitioner ?
Unfortunately,no. Your mortgage offer 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 Cranford conveyancing solicitor to apply to be on the conveyancing panel.
What happens if my lawyer’s firm is expelled from the Nationwide Solicitor panel ahead of completing my conveyancing in Cranford?
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.
We are selling our house in Cranford and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. A high street Cranford conveyancer would know this is not the case. For the life of me I don't know why the purchasers instructed a national conveyancing firm as opposed to a conveyancing solicitor in Cranford. We have lived in Cranford for many years we know of no issue. Should we contact our local Authority to seek confirmation need.
It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Cranford?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Cranford. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the input of my in-laws I had a survey completed on a house in Cranford prior to instructing lawyers. I have been told that there is a flying freehold overhang to the house. My surveyor has said that some lenders will not give a mortgage on a flying freehold house.
It depends who your proposed lender is. Lloyds has different instructions from Halifax. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Cranford. Conveyancing may be slightly more expensive based on your lender's requirements.
Online research suggests that Cranford solicitors are more costly than licensed conveyancers in Cranford to use when purchasing a house. So is it better if I use a conveyancer or a solicitor where I am purchasing for my home move in Cranford.
When it comes to conveyancing in Cranford the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.