We are buying a 3 bedroom apartment in Forest Hill with a mortgage. We have a Forest Hill solicitor, but the bank says he's not on their "panel". We have to appoint one of the lender panel firms or continue with our Forest Hill lawyer as well as pay for one of their panel lawyers to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. 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. A further alternative is for your Forest Hill conveyancing solicitor to apply to be on the conveyancing panel.
Would the conveyancing solicitors listed on your site carry out conveyancing in Forest Hill by way of an attended exchange?
There are a few conveyancing specialists who can conduct one day exchanges. Please e-mail us to obtain a fee calculation and details as to availability.
We're in Forest Hill, First time buyers buying with a mortgage (lender is Co-operative , and our lawyer is on the Co-operative conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Co-operative conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
is it true that all Forest Hill conveyancing solicitors on the Santander conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Santander approved list of solicitors they would need to be regulated by the Solicitors Regulatory Authority. Some lenders do permit licenced conveyancers on their panel in which case such practice would be regulated by the Council of Licensed Conveyancers.
My wife and I are in the throws of viewing houses in Forest Hill and I am now considering a potential offer. Is it best to have my conveyancing practitioner on ‘stand by’? I will be getting a mortgage with Barclays.
You should start requesting conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the EA. As you are getting a mortgage with Barclays, make sure you remember to check that your lawyer is on the Barclays conveyancing panel.
I have instructed a Forest Hill solicitor having made sure that they are on the Clydesdale conveyancing panel. Does my lawyer arrange the survey of the property?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale 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 Forest Hill 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.
Should our solicitor be raising questions about flooding as part of the conveyancing in Forest Hill.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Forest Hill. Plenty of people will acquire a property in Forest Hill, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, however there are a numerous searches that can be carried out by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Forest Hill. The conventional set of property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) includes a usual inquiry of the owner to discover if the premises has historically flooded. In the event that the residence has been flooded in past which is not notified by the seller, then a purchaser could commence a claim for damages resulting from an incorrect reply. A buyer’s conveyancers should also conduct an enviro search. This will disclose whether there is a recorded flood risk. If so, further investigations should be conducted.
Just had an offer accepted on a new build apartment in Forest Hill. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Forest Hill
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision.