Me and my partner are buying a 3 bedroom apartment in Lunt with a mortgage. We would like to retain our Lunt solicitor, but the bank advise he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Lunt conveyancing practitioner and pay for one of their panel firms 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 Lunt conveyancing solicitor to apply to be on the conveyancing panel.
My Lunt lawyer has identified a discrepancy when comparing the information in the home valuation report and what is revealed within the legal papers for the property. My lawyer has advised that he is obliged to ensure that the lender is OK with this discrepancy and is content to go ahead. Is my solicitor’s stance legitimate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
Finally the sale completed on my house in Lunt last December but the buyer keeps whats apping daily complaining that their lawyer needs to hear from mine. What should have happened following completion?
Following your house sale your solicitor is committed to deliver the transfer deeds and all of the paperwork to the purchaser's solicitors. If applicable, your lawyer must also send confirmation that the legal charge in favour of the lender has been discharged to the purchasers conveyancers. There is unlikely to be post completion formalities specific conveyancing in Lunt.
Should my conveyancer be asking questions regarding flooding as part of the conveyancing in Lunt.
Flooding is a growing risk for solicitors conducting conveyancing in Lunt. There are those who acquire a property in Lunt, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, but there are a various checks that can be undertaken by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Lunt. The conventional set of information given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the vendor to find out whether the premises has suffered from flooding. If flooding has previously occurred and is not revealed by the vendor, then a buyer could bring a claim for damages resulting from an incorrect response. The buyer’s solicitors will also order an enviro search. This will disclose whether there is a recorded flood risk. If so, more detailed investigations will need to be made.
I have a semi-detached Georgian house in Lunt. Conveyancing solicitor represented me and Chelsea Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, another for leasehold with the exact same address. Is it worth asking Chelsea Building Society to clarify?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Lunt and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the situation with your conveyancing solicitor who conducted the work.
My step-father has encouraged me to instruct his conveyancers in Lunt. Should I use them?
No doubt the best way to select a conveyancing practitioner is to have feedback from friends or relatives who have actually experience in using the solicitor you're considering.