Would the conveyancing practitioners that are recommend conduct auction conveyancing in Orpington?
We know of a number of auction solicitors we can put you in touch with those specialising in auction conveyancing. Orpington is just one of hundreds of locations in which our lawyers cover.
Please explain the implications if my lawyer’s firm is removed from the Coventry BS Solicitor panel ahead of completing my conveyancing in Orpington?
The first thing to point out is that, this is a very rare occurrence. 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.
Will our conveyancer be asking questions regarding flooding as part of the conveyancing in Orpington.
Flooding is a growing risk for lawyers dealing with homes in Orpington. There are those who buy a property in Orpington, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, however there are a number of checks that may be initiated by the buyer or by their conveyancers which will give them a better understanding of the risks in Orpington. The conventional set of completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the owner to discover whether the property has historically flooded. If flooding has previously occurred and is not disclosed by the owner, then a buyer could issue a legal claim for losses stemming from an misleading reply. A purchaser’s conveyancers should also commission an enviro search. This should indicate whether there is any known flood risk. If so, more detailed inquiries should be carried out.
Are there restrictive covenants that are commonly identified as part of conveyancing in Orpington?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Orpington. 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…’
I opted to have a survey carried out on a property in Orpington prior to appointing conveyancers. I have been told that there is a flying freehold element to the house. My surveyor advised that some lenders may not give a loan on such a premises.
It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. If you e-mail us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Orpington. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Orpington to see if the conveyancing costs will increase in light of this.
My husband and I are buying a first floor flat in Orpington. At the time of instructing our property lawyer, they assured us that they were on all mainstream lender panels. The mortgage broker contacted us yesterday to advise that they don't seem to be on the RBS approved list. Were it to be true, what should we do? Should we just pick a new property lawyer that is on their panel or should we cover the costs for separate representation, with RBS appointing their own preferred solicitor.
Where you are acquiring a property with the assistance of a mortgage it is usual for the buyer’s lawyers to also represent the mortgage company. In order to act for a bank or building society a conveyancer has to be on that lender's list of approved lawyers. An application has to be made by the lawyer to the lender to become a member of the lender's panel and there are increasingly strict criteria which the property lawyer has to fulfill. Some banks now require their panel firms to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should call RBS to find out if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on RBS's conveyancing panel as you are at liberty to use your preferred Orpington lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another property lawyer into the equation.