Me and my wife are buying a flat in Northam. My Conveyancer has never been on on the lender conveyancing panel. Is it possible for me to retain my Northam conveyancing solicitor notwithstanding that they are not on the mortgage company panel?
You must appoint a solicitor to complete the formalities if you take out a loan to purchase your property. The lawyer will carry out all the relevant due diligence on the property, make sure that you will be properly registered as the owner and ensure that all the required mortgage paperwork is dealt with. You can instruct a Northam property lawyer of your choice. However, if the conveyancer selected is not a member of the lender solicitor panel further charges will be incurred as separate legal representation will be need by the mortgage company. Conveyancing panel applications can be submitted, so where your conveyancer has not historically sought membership they should do so.
My wife and I have just acquired a property in Northam. We have since encountered a number of problems with the property which we consider were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out for conveyancing in Northam?
The question is vague as what problems have arisen and if they are unique to conveyancing in Northam. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the process, a seller completes a questionnaire known as a SPIF. answers proves to be inaccurate, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Northam.
My home in Northam is up for sale and I have a purchaser. Does my conveyancer need to be on the HSBC conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the HSBC conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently in recent years.
I am helping my step-mother sell her house in Northam. Will the conveyancer commission an energy assessment or it is for the seller to see to?
After the demise of Home Information Packs, energy performance certificates was retained a mandatory component of selling a house. An energy assessment needs to be commissioned prior to the property being marketed. This is not something that law firms ordinarily organise. Where you are using a Northam conveyancing practitioner they might be able to arrange EPC’s given their relationships with long established Northam accredited person
Is it the case that all Northam conveyancing solicitors on the Santander conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Santander conveyancing panel they would need to be overseen by the SRA. The majority of lenders do list licenced conveyancers on their panel in which case such practice would be governed by the CLC.
I am due to exchange contracts on my apartment. I had a double glazing fitted in April 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Leeds Building Society are being pedantic. The Northam solicitor who is on the Leeds Building Society conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Leeds Building Society are insisting on a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?
It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I am downsizing from our property in Northam and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A local lawyer would know this is not the case. For the life of me I don't know why the buyers are using an online conveyancing firm as opposed to a conveyancing solicitor in Northam. We have lived in Northam for 4 years we know of no issue. Is it a good idea to contact our local Authority to obtain confirmation that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. 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 health insurance to cover that same sickness)
Are there restrictive covenants that are commonly picked up as part of conveyancing in Northam?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Northam. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’