My husband and I are intending to purchase a 2 bedroom apartment in Ebbw Vale with a mortgage. We like our Ebbw Vale lawyer, but the lender says he's not on their "panel". It appears that we have little choice but to select one of the lender panel solicitors or keep our Ebbw Vale conveyancer and pay for one of their panel ones to represent them. This feels very unfair; is there anything we can do?
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 lender’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 Ebbw Vale conveyancing lawyer to apply to be on the conveyancing panel.
My son is in the process of securing a new build apartment in Ebbw Vale with a home loan from Barclays. His conveyancer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Barclays conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Barclays conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
As a FTB what is the most important piece of guidance you can give me concerning purchase conveyancing in Ebbw Vale?
Not many law firms or advisers will tell you this but conveyancing in Ebbw Vale or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there exists plenty of room for friction between you and others involved in the legal transfer of property. For example, the seller, property agent and even potentially the lender. Selecting a lawyer for your conveyancing in Ebbw Vale is a critical decision as your conveyancer is your adviser, and is the ONLY person in the transaction whose interest is to act in your best interests and to protect you.
Sometimes a third party with a vested interest may try and convince you that you should follow their advice. For example, the estate agent may claim to be helping by suggesting your conveyancer is wrong. Or your financial adviser may tell you to do take action that is contrary to your solicitors recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Should my lawyer be asking questions concerning flooding during the conveyancing in Ebbw Vale.
Flooding is a growing risk for conveyancers dealing with homes in Ebbw Vale. There are those who purchase a house in Ebbw Vale, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to give advice on flood risk, but there are a number of checks that may be carried out by the buyer or by their lawyers which can figure out the risks in Ebbw Vale. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to determine whether the premises has suffered from flooding. In the event that the property has been flooded in past which is not revealed by the vendor, then a purchaser may commence a claim for damages resulting from an incorrect response. A buyer’s solicitors may also commission an enviro report. This will indicate if there is any known flood risk. If so, more detailed inquiries will need to be carried out.
I used Action Conveyancing several years past for my conveyancing in Ebbw Vale. I now require my file but the law firm has closed. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing 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 Ebbw Vale of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
My partner has encouraged me to appoint his conveyancers in Ebbw Vale. Should I use them?
There are no two ways about it the ideal way to choose a conveyancing practitioner is to seek referrals from friends or relatives who have experience in using the solicitor you're contemplating using.