Am I correct in assuming that the fact that my solicitor in Droitwich Spa is not on my bank's conveyancing panel that there is a problem with the quality of his work?
That would more than likely be an incorrect assumption to make. There are plenty of 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 top 5 reasons are as follows: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should contact the Droitwich Spa conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
As a first time buyer what is the most important advice you can give me about purchase conveyancing in Droitwich Spa?
Not many law firms shout this from the rooftops but conveyancing in Droitwich Spa and elsewhere in Worcestershire is often a confrontational process. In other words, when it comes to conveyancing there exists plenty of opportunity for confrontation between you and others involved in the legal transfer of property. For example, the vendor, selling agent and even potentially the lender. Selecting a solicitor for your conveyancing in Droitwich Spa should not be taken lightly as your conveyancer is your adviser, and is the SOLE party in the process whose role it is to look after your legal interests and to keep you safe.
There is a definite ongoing adversarial element to conveyancing- someone has to be at fault for the process being so protracted. We recommend that you must always trust your solicitor above the other players when it comes to the legal transfer of property.
Are there restrictive covenants that are commonly identified during conveyancing in Droitwich Spa?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Droitwich Spa. 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…’
How does conveyancing in Droitwich Spa differ for newly converted properties?
Most buyers of new build residence in Droitwich Spa contact us having been asked by the builder to exchange contracts and commit to the purchase even before the house is constructed. This is because developers in Droitwich Spa typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Droitwich Spa or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Droitwich Spa is the location of the property. Can you shed any light on this issue?
Flying freeholds in Droitwich Spa are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Droitwich Spa you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Droitwich Spa may ascertain 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.
My work colleague mentioned that when choosing a conveyancing firm they must be approved by your bank. This is my first home move but I have an offer in principle from Halifax and I already have a family conveyancing lawyer in Droitwich Spa in place. Does Santander need an approved lawyer to be instructed? Does a list of panel firms even exist so I can appoint a conveyancing solicitor in Droitwich Spa?
You need to instruct a solicitor that is on the Santander panel. The simplest thing to do is ring your chosen Droitwich Spa conveyancing solicitor and ask if they are on the Santander panel. If they are not on the panel you have numerous options open to you here:
- Complete the deal with your chosen Droitwich Spa property lawyer but Santander will undoubtedly instruct a conveyancer on their approved list. The net result is additional charges and likely delay.
- Appoint a new conveyancer to conduct the conveyancing, making sure they are on the Santander conveyancing panel.
- Convince your solicitor to attempt to join the bank panel.