Can you help? My East Dulwich conveyancer is advising me that she is duty bound toapply for East Dulwich conveyancing searches becausethe firm are on the Lloydsconveyancing panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are obtaining a mortgage with a bank your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out East Dulwich conveyancing searches.
The East Dulwich conveyancing solicitors that just started acting on my purchase in East Dulwich have suddenly shut down. They were on acting for me because I had to have a solicitor on the Barclays conveyancing panel and my preferred East Dulwich lawyer was not. I issued them a cheque for £250 in advance. What are my options?
Assuming that you have an Estate Agent in the equation then let them know straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will 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 Barclays 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 assist.
I just bought a house at auction in East Dulwich. Conveyancing is needed. What happens now?
Given that you have now for in every practical sense signed on the dotted line you now have to instruct a conveyancing practitioner as a matter of urgency as you now have a tight a fixed date to complete the property. Every auction property should have a corresponding legal pack. This will likely include most,if not all of the paperwork that your conveyancer requires. If you have purchased leasehold premises the conveyancing papers may include a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation pertinent to a leasehold property. You need to pass this on to your appointed conveyancing solicitor at the earliest opportunity. Do make sure that your finances are in order to complete on the on the contractual date .
Is it the case that all East Dulwich solicitor practices on the Barclays conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Barclays approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Some banks do permit licenced conveyancers on their panel in which case such practice would be governed by the Council of Licensed Conveyancers.
I am selling my house. I had a double glazing fitted in September 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Barclays are being problematic. The East Dulwich solicitor who is on the Barclays conveyancing panel is recommending indemnity insurance as a solution but Barclays are insisting on a building regulation certificate. Why do Barclays have a conveyancing panel if they don't accept advice from them?
It is probably the case that Barclays have referred the matter to their valuer. The reason why Barclays may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
What does a local search reveal regarding the property my wife and I buying in East Dulwich?
East Dulwich conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search organisations such as Searchflow The local search is essential in every East Dulwich conveyancing purchase; as long as you wish to avoid any nasty surprises after you move into your new home. The search will reveal data on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
I've recently found out that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. East Dulwich is the location of the property. Can you offer any assistance?
Flying freeholds in East Dulwich are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside East Dulwich you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in East Dulwich 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 property.
Our bank agreed in principle to issue us a mortgage. We have retained a local conveyancer in East Dulwich two days ago. Today, our broker phoned to advise us that the lender said that we cannot use our solicitor as they aren't on their panel. As novices, we did not have a clue that the bank had some control over our choice Is this legal?
You can actually choose any property lawyer you wish to appoint including the said conveyancer in East Dulwich but if your lender aren't happy with them you must fork out an extra fee so your lender can appoint their own solicitors as well to protect their interest. It may be possible your preferred conveyancing firm to get included on to the mortgage company panel. Do make the most of online search facilities such as lenderpanel.com to find a conveyancing solcitor in East Dulwich on the bank panel. You can go into your local lender branch in East Dulwich. They can recommend conveyancing solicitors in East Dulwich on the mortgage company panel.