We are hoping to purchase a 2 bedroom flat in Guildford with a mortgage. We like our Guildford lawyer, however the lender says he's not on their "panel". It seems we have no choice but to appoint one of the lender panel firms or continue with our Guildford solicitor as well as pay for one of their panel lawyers 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 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 Guildford conveyancing lawyer to apply to be on the conveyancing panel.
My property lawyer in Guildford is not listed on the Coventry Building Society Conveyancing Panel. Is it possible for me to continue with my family solicitor notwithstanding that they are excluded from the Coventry Building Society panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Guildford lawyers but Coventry Building Society will need to use a conveyancer on their panel. This will result in additional total legal charges as well as result in frustration.
- Get a new lawyer to to deal with the conveyancing, not forgetting to check they are Coventry Building Society approved.
- Try to convince your Coventry Building Society based solicitor to attempt to join the Coventry Building Society panel
I am close to exchanging contracts on the sale of our home in Guildford and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. A local lawyer would know this is not the case. It does beg the question why the buyers are using a nationwide conveyancing firm as opposed to a conveyancing solicitor in Guildford. Having lived in Guildford for many years we know of no issue. Do we contact our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing lawyer already. What do they say? You should enquire of 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 life insurance to cover that same illness)
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a straight forward, no chain conveyancing. Guildford is the location of the property. Is there any guidance you can impart?
Flying freeholds in Guildford are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Guildford you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Guildford 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 premises.
I have been pointed in your direction by two or three local selling agents in Guildford to locate a conveyancer using your seach tool. Is there a financial incentive for Estate Agents to promote your services ahead of alternative conveyancing organisations?
We don’t give any commission for directing people to this site. We found it would be just too difficult to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
Should I use a Guildford conveyancing practitioner who is local to the property I am buying? An old friend can handle the legal formalities but her office is over three hundred kilometers away.
The benefit of a high street Guildford conveyancing practice is that you can pop in to sign documents, deliver your identification documents and apply pressure on them if necessary. They will also have local intelligence which is a bonus. However it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and they were happy that must outweigh using an unknown Guildford conveyancing lawyer solely due to them being Guildford based.