Our lawyer has uncovered a defect with the lease for the property we are buying in Driffield. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner says that he must be satisfied that the bank is content with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
I am assisting my sister sell her property in Driffield. Will the conveyancing solicitor commission the EPC or should I organise this?
After the demise of Home Packs, EPC’s was maintained a required part of moving property. An energy performance certificate must be to hand in advance of the property being marketed. It is not a task that conveyancers ordinarily arrange. Where you are instructing a Driffield conveyancing practitioner they may be able to arrange EPC’s given their contacts with long established local energy assessors
Is it correct that all Driffield CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing list of approved solicitors?
A selection of banks and building societies now make use of CQS as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
is it true that all Driffield solicitor firms on the Santander conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Santander conveyancing panel they would need to be governed by the SRA. The majority of lenders do list licenced conveyancers on their panel and in that case the practice would be overseen by the Council of Licensed Conveyancers.
Should my solicitor be raising questions about flooding during the conveyancing in Driffield.
Flooding is a growing risk for solicitors conducting conveyancing in Driffield. There are those who acquire a house in Driffield, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, but there are a numerous searches that may be carried out by the purchaser or by their conveyancers which can figure out the risks in Driffield. The standard information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to find out whether the property has suffered from flooding. In the event that the premises has been flooded in past and is not disclosed by the vendor, then a buyer may commence a claim for damages stemming from an misleading answer. The purchaser’s conveyancers may also conduct an enviro report. This will disclose whether there is a recorded flood risk. If so, more detailed inquiries will need to be carried out.
I used Wolstenholmes several years ago for my conveyancing in Driffield. I now require my papers however the law firm is no longer operating. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Driffield of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Are there any apps to assist me to identify a Driffield law firm on the Birmingham Midshires conveyancing panel? I drive a motor bike and am prepared to travel upto 10miles to meet the solicitor.
You can use the facility on this website. Please choose the bank and your location and you will see a number of Driffield conveyancing lawyers based on proximity. We have listed some Driffield conveyancing firms at the bottom of this page and you can ring them to see if they are on the Birmingham Midshires approved list
My husband and I have just had an offer accepted on a flat and had meeting on Wednesday with the Post Office for the mortgage. They warned me that when it comes to choosing a solicitor that unless they are on their approved panel of conveyancers then we will incur a further charge of about two hundred pounds. This is is due to the fact that they would then have to select a solicitor to act for them as well as the one we select on our behalf and we are liable for their fees. I have asked the Post Office to send me with a list so I can obtain estimates only from their approved conveyancers but was told that I need to check with each individual solicitor to see if they are on the panel. What would be the best way of going about this?
Ask the Post Office what their criteria for joining their panel is for a solicitor.Then ask the lawyer of your choice whether they fit that criteria and have they acted on mortgages for the Post Office in the past. If the answer to those is yes, then just double check with the Post Office. Alternatively please make use of our search tool and we should be able to find you a property lawyer in Driffield on the panel for the Post Office.