Me and my partner are intending to buy a 2 bedroom flat in Edmonton with a mortgage. We would like to retain our Edmonton solicitor, but the lender advise she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Edmonton lawyer and pay for one of their panel ones to represent them. We consider that this is inequitable; are we not able to demand that the mortgage company use our Edmonton lawyer ?
No, not really. Your mortgage offer 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. Another option that might be available is for your Edmonton conveyancing lawyer to apply to be on the conveyancing panel.
Please help. My Edmonton solicitor is assuring me that she is duty bound toapply for Edmonton conveyancing searches asthe firm are on the Santandersolicitor panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your solicitor 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 conditions . Even if you were a cash buyer you would be ill advised not to carry out Edmonton conveyancing searches.
I am assisting my sister sell her property in Edmonton. Will the conveyancing solicitor arrange the EPC or it is for me to coordinate?
Following the demise of Home Information Packs, EPC’s was retained a mandatory part of moving property. An EPC should be to hand prior to the property being advertised. It is not a task that law firms normally organise. Where you are using a Edmonton conveyancing solicitor they may be able to arrange energy assessments due to their relationships with reputable local accredited person
I happen to be the single beneficiary of my late mum's estate with all property in now in my sole name, including the house in Edmonton. Conveyancing formalities meant that the Land Registry date was in June. I now wish to sell up. I understand that there is a Mortgage Lenders six month 'rule', meaning my property ownership may be treated the same way as though I had purchased the house in June. Do I have to wait half a year to sell?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. How sensible a view banks take of it, depend on the bank as this clause is principally there to pick up on the purchase and immediately sell or the flipping of property.
I am selling my flat. I had a double glazing fitted in October 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Coventry BS are being problematic. The Edmonton solicitor who is on the Coventry BS conveyancing panel is saying indemnity insurance will be fine but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS 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.
I am downsizing from our property in Edmonton and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any high street Edmonton conveyancer would know this is not the case. It does beg the question why the buyers are using a national conveyancing firm as opposed to a conveyancing solicitor in Edmonton. Having lived in Edmonton for 4 years we know of no issue. Should we contact our local Authority to obtain clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
I am purchasing a new build house in Edmonton benefiting from help to buy. The developers would not move on the amount so I negotiated 6k of extras instead. The estate agent told me not disclose to my conveyancer about the deal as it may impact my loan with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I decided to have a survey completed on a property in Edmonton in advance of instructing solicitors. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some lenders tend not issue a loan on a flying freehold house.
It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you contact us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Edmonton. Conveyancing will be smoother if you use a solicitor in Edmonton especially if they are familiar with such properties in Edmonton.