We are buying a 1 bedroom flat in Kimbolton with a mortgage. We wish to retain our Kimbolton lawyer, however the bank advise he's not on their "panel". We have to appoint one of the bank panel firms or keep our Kimbolton lawyer as well as pay for one of their panel firms to represent them. We consider that this is unjust; can we not require that the lender use our Kimbolton conveyancing practitioner ?
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 lender’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 Kimbolton conveyancing solicitor to apply to be on the conveyancing panel.
We see that you have a search directory listing law firms on the Santander conveyancing panel. Do companies pay you a commission if I retain them for our own conveyancing in Kimbolton?
We are a listing service only for law firms wishing to communicate if they are on the Santander conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Kimbolton.
Is it necessary during the course of the conveyancing process to visit the offices of the solicitor to sign the mortgage deed? If so, I will instruct a firm who offer conveyancing in Kimbolton so that I can attend their offices if required.
Whereas this was necessary twenty years ago, the vast majority lenders no longer need their conveyancing panel solicitor to witness the borrowers signature. It will still be necessary for you to supply identification documents and there are still manifest benefits to using a local solicitor, in your situation a conveyancing solicitor in Kimbolton.
My wife and I buying a end of terrace house in Kimbolton. The intention is to carry out a loft conversion at the property.Will the conveyancing process include investigations to see if these works are prohibited?
Your solicitor will review the registered title as conveyancing in Kimbolton can occasionally reveal restrictions in the title documents which prevent categories of alterations or necessitated the permission of a 3rd party. Many works call for local authority planning consent and approval in compliance with building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.
I am buying a property in Kimbolton. A rare aspect is that the roof has a solar panel. Coventry BS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Coventry BS your lawyer must check the conveyancing instructions outlined in Section 2 of UK Finance Lenders’ Handbook for Coventry BS. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and lawyers are required to report to Coventry BS where a lease does not satisfy these specifications. The specifications relate to the installation of panels on properties nationwide and is not restricted to Kimbolton.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Kimbolton building society branch on a couple of occasions and was told they are content with the situation and they would lend. My Kimbolton conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. Who do I believe?
Your conveyancing practitioner must follow the CML Handbook Part 2 specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
We're new to the buying process - agreed a price, yet the estate agent advised that the seller will only issue a contract if we use the agent's chosen solicitors as they need a ‘quick sale’. Our preferred option is to instruct a family conveyancer accustomed to conveyancing in Kimbolton
We suspect that the owner is unaware of this demand. If they require ‘a quick sale', turning down a genuine purchaser is going to damage their objectives. Speak to the vendors direct and make sure they understand (a)you are genuine purchasers (b)you are excited to move forward, with finances arranged © you are chain free (d) you intend to proceed fast (e)however you intend to appoint your own,trusted Kimbolton conveyancing firm - as opposed tothose that will give their estate agent a commission or achieve conveyancing figures demanded by head office.
Can you offer any advice when it comes to appointing a Kimbolton conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Kimbolton conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggest that you talk with several firms including non Kimbolton conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be helpful:
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How experienced is the practice with lease extension legislation? If the firm is not ALEP accredited then why not?
Kimbolton Leasehold Conveyancing - A selection of Questions you should ask before buying
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How many years remain on the lease? Does the lease have onerous restrictions?