I am nearing exchange of contracts for my flat in Englefield Green and the estate agent has just e-mailed to advise that the purchasers are changing their property lawyer. I am told that this is due to the fact that the mortgage company will only engage with property lawyers on their conveyancing panel. Why would a big named mortgage company only work with specific lawyers rather the firm that they want to select for their conveyancing in Englefield Green ?
Mortgage companies have always had panels of law firms that can act for them, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.
Lending institutions attribute this action to a rise in fraud as the reason for the reduction – criteria have been tightened as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any sway in the decision.
As a first time buyer what is the most important piece of guidance you can impart concerning purchase conveyancing in Englefield Green?
Not many law firms shout this from the rooftops but conveyancing in Englefield Green and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is lots of room for friction between you and others involved in the legal transfer of property. For instance, the vendor, estate agent and even potentially the mortgage company. Choosing a lawyer for your conveyancing in Englefield Green is a critical decision as your conveyancer is your adviser, and is the ONLY person in the process whose interest is to protect your legal interests and to protect you.
On occasion a potential adversary will attempt to sway you that it is in your interests to do things their way. For instance, the estate agent may claim to be assisting by claiming that your conveyancer is wrong. Or your mortgage broker may advise you to do take action that is contrary to your conveyancers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Various online forums that I have frequented warn that are a common cause of delay in Englefield Green conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of a review by MoveWithUs that conveyancing searches do not feature within the most frequent causes of hindrances during the legal transfer of property. Searches are unlikely to be the root cause of slowing down conveyancing in Englefield Green.
Are there restrictive covenants that are commonly identified during conveyancing in Englefield Green?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Englefield Green. 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 Englefield Green differ for newly converted properties?
Most buyers of new build or newly converted property in Englefield Green approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is finished. This is because builders in Englefield Green tend to purchase the real estate, 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 property lawyers 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 Englefield Green or who has acted in the same development.
We have just discovered that one of the partners of the conveyancing practice undertaking the purchase conveyancing in Englefield Green is related to the vendor. Is this allowed?
On the basis that no conflict arises this is allowable. Where you are requiring a home loan then the bank may have a say as many mortgage companies have specific requirements concerning this. For example for Chelsea Building Society as of 5/1/2026, the requirements read as follows :
* there is no conflict of interest and none arises during the transaction
* the firm is a partnership
* the conveyancer acting is not the borrower or a member of the borrower's immediate family.