Me and my fiance are buying a 2 bedroom apartment in Lymm and Warburton with a mortgage. We wish to retain our Lymm and Warburton lawyer, but the mortgage company advise she’s not on their "panel". It appears that we have no choice but to appoint one of the bank panel conveyancing practices or retain our Lymm and Warburton property lawyer and pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to demand that the bank use our Lymm and Warburton conveyancer ?
No, not really. Your mortgage offer 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 Lymm and Warburton conveyancing lawyer to apply to be on the conveyancing panel.
I purchased a freehold residence in Lymm and Warburton yet pay rent, why is this and what is this?
It’s unusual for properties in Lymm and Warburton and has limited impact for conveyancing in Lymm and Warburton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges post 1977.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence post 2037 is to be dispensed with completely.
What happens if my solicitor is suspended from the TSB Conveyancing panel ahead of completing my conveyancing in Lymm and Warburton?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I am downsizing from our house in Lymm and Warburton and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. A high street Lymm and Warburton lawyer would know that there is no such problem. It does beg the question why the buyers instructed a nationwide conveyancing outfit as opposed to a conveyancing solicitor in Lymm and Warburton. We have lived in Lymm and Warburton for many years we know of no issue. Should we contact our local Authority to seek confirmation need.
It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You need to 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 health insurance to cover that same sickness)
I have todaybecome aware that Action Conveyancing have been shut down. They conducted my conveyancing in Lymm and Warburton for a purchase of a leasehold flat 18 months ago. How can I check that the property is in my name in the name of the former proprietor?
The easiest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Lymm and Warburton conveyancing specialists.
Having used your search tool I can't find the lawyer I was hoping to instruct as being on the bank conveyancing panel. My lawyer has said that they are on the lender approved panel. How can I be sure given that they are not listed on your directory?
Not all firms are yet listed on our lender panel search tool which is still relatively new. Law firms are listing on a daily basis and it is probably the case that your lawyer is on the lender conveyancing lawyer and you should probably take them at their word. Please do feel free to suggest that they completing their listing on our site as it would only cost them £1 a month to list themselves as being on the bank solicitor panel.