We are hoping to purchase a 3 bedroom flat in East Dean with a mortgage. We wish to retain our East Dean lawyer, however the bank advise he's not on their "panel". It appears that we have no option but to select one of the lender panel firms or retain our East Dean solicitor and pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to demand that the lender use our East Dean conveyancing practitioner ?
No, not really. 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. A further alternative is for your East Dean conveyancing solicitor to apply to be on the conveyancing panel.
How up to date is your database of East Dean solicitors on the UBS conveyancing panel? Do UBS send you an updated list?
East Dean conveyancing firms themselves provide us confirmation that they are on the UBS conveyancing panel as opposed to being supplied with a list from UBS directly.
I am helping my mother sell her house in East Dean. Will the solicitor arrange the energy performance certificate or it is for me to see to?
After the abolition of Home Information Packs, energy assessments became a required element of selling a property. An energy assessment needs to be commissioned before the property is marketed. It is not a task that lawyers ordinarily organise. If you are instructing a East Dean conveyancing solicitor they may help arrange energy performance certificates due to their contacts with long established local providers
Intending to buy a maisonette in East Dean. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Santander conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the East Dean lawyer is on the Santander conveyancing panel.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local East Dean solicitor - who is on the UBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own East Dean surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Will our conveyancer be making enquiries concerning flooding as part of the conveyancing in East Dean.
Flooding is a growing risk for lawyers dealing with homes in East Dean. There are those who buy a property in East Dean, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, but there are a number of searches that can be undertaken by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in East Dean. The conventional set of property information forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the owner to determine if the premises has historically flooded. If the residence has been flooded in past which is not disclosed by the seller, then a buyer may commence a claim for damages resulting from an inaccurate answer. The buyer’s lawyers should also commission an environmental search. This should indicate if there is any known flood risk. If so, additional inquiries will need to be made.
How does conveyancing in East Dean differ for newly converted properties?
Most buyers of new build property in East Dean approach us having been asked by the developer to sign contracts and commit to the purchase even before the premises is finished. This is because builders in East Dean tend to buy 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 conveyancers 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 accustomed to new build conveyancing in East Dean or who has acted in the same development.
I have been recommended by a couple of local selling agents in East Dean to select a property lawyer using your seach tool. What’s the financial advantage for Estate Agents to promote your services over a competitor’s?
We refuse to make any commission for sending work our way. We found it would be just too difficult a fee because a client could think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.