I am in the process of selling my ground floor flat in Hartlebury and the EA has just telephoned to advise that the buyers are changing their solicitor. The excuse is that the bank will only work with solicitors on their conveyancing panel. On what basis would a major mortgage company only deal with specific law firms rather the firm that they want to choose to handle their conveyancing in Hartlebury ?
UK lenders have always had an approved set of law firms they are content to work with, but in recent years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Lending institutions attribute this action to a rise in fraud as the reason for the cull – criteria have been stiffened as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any impact on this.
My lawyer in Hartlebury is not listed on the Birmingham Midshires Solicitor Panel. Can I still continue with my family solicitor notwithstanding that they are not on the Birmingham Midshires panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your preferred Hartlebury solicitors but Birmingham Midshires will need to instruct a conveyancer on their panel. This will inevitably rack up the overall legal fees as well as cause delays.
- Choose a new practitioner to act in the purchase, obviously checking they are on the Birmingham Midshires panel
I am helping my sister sell her house in Hartlebury. Will the conveyancer commission an EPC or do I organise this?
Following the demise of Home Packs, energy assessments remained a mandatory part of moving house. An energy performance certificate must be commissioned prior to the property being marketed. This is not something that lawyers ordinarily arrange. Where you are instructing a Hartlebury conveyancing solicitor they might help arrange energy assessments given their contacts with long established Hartlebury providers
The formalities of my purchase has taken place for my property in Hartlebury. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. We understand that complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I have instructed a Hartlebury property lawyer having checked that they are on the Santander conveyancing panel. Does my lawyer arrange the survey of the property?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander 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. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Hartlebury postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Hartlebury.
How does conveyancing in Hartlebury differ for newly converted properties?
Most buyers of new build residence in Hartlebury contact us having been asked by the seller to exchange contracts and commit to the purchase even before the property is finished. This is because new home sellers in Hartlebury tend to acquire the site, 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 conveyancers 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 accustomed to new build conveyancing in Hartlebury or who has acted in the same development.
How can the Landlord & Tenant Act 1954 affect my commercial property in Hartlebury and how can your lawyers assist?
The particular law that you refer to gives security of tenure to business leaseholders, granting the legal entitlement to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing practices who use the act for protection and help with commercial conveyancing in Hartlebury
My cousin has encouraged me to use his conveyancers in Hartlebury. Should I find my own conveyancer?
There are no two ways about it it’s preferable to choose a conveyancing solicitor is to have feedback from friends or family who have actually experience in using the solicitor that you are contemplating using.