My husband and I are purchasing a 2 bedroom apartment in Penylan with a mortgage. We wish to retain our Penylan lawyer, however the bank advise she’s not on their "panel". It seems we have little choice but to select one of the bank panel conveyancing practices or keep our Penylan lawyer and pay for one of their panel lawyers to act for them. We consider that this is unjust; are we not able to insist that the bank use our Penylan solicitor ?
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. A further alternative is for your Penylan conveyancing lawyer to apply to be on the conveyancing panel.
My wife and I are soon to exchange on the purchase of a property in Penylan but as a result of wreckage from a small fire at the property I have managed to agree compensation from the owner in the sum of three thousand pounds by way of a adjustment in the price. This was going to be addressed as part of a side agreement but Nationwide are not allowing this. Should they have been informed?
The property lawyer being on a Nationwide approved list is obliged to disclose to Nationwide of any changes to the purchase price. If you prohibit your lawyer to report the price change to Nationwide then they would have to discontinue acting for you. In addition, Nationwide and you would have to appoint a new conveyancer for your conveyancing in Penylan.
I have a decision in principle. The bank mentioned the loan came with free conveyancing. Is the implication that I have to use their panel lawyer as I would prefer to instruct a specialised conveyancing solicitor in Penylan?
Do check but the chances are that allocate you one of their panel lawyers should you want the "fee-free" incentive. Speak to the bank and check if they offer you a monetary alternative. In the past a few lenders offered a £250 cashback as an alternative in which case you could put that amount towards the cost for your conveyancing solicitor in Penylan.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Penylan?
There are many recorded licenced Conveyancers in Penylan and Solicitor firms in Penylan who can help with your conveyancing It is important to make clear that both are supervised by regulatory bodies with both specialising in the legal work in the home buying process. They may both also handle other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
We were going to get a OIP from RBS this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do RBS recommend any Penylan solicitors on the RBS conveyancing panel, or is it better to go independently?
You will need to appoint Penylan solicitors independently although you'll need to choose one on the RBS conveyancing panel. The solicitor represents both you and RBS through the process.
I am selling my house. I had a double glazing fitted in October 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Yorkshire BS are being pedantic. The Penylan solicitor who is on the Yorkshire BS conveyancing panel is saying indemnity insurance will be fine but Yorkshire BS are requiring a building regulation certificate. Why do Yorkshire BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Yorkshire BS have referred the matter to their valuer. The reason why Yorkshire BS 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.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a straight forward, chain free conveyancing. Penylan is the location of the property. Can you shed any light on this issue?
Flying freeholds in Penylan are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Penylan you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Penylan may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
In my capacity as executor for the estate of my aunt I am disposing of a property in Swansea but reside in Penylan. My lawyer (who is 235 kilometers from merequires that I execute a statutory declaration before completion. Can you recommend a conveyancing practitioner in Penylan to witness this legal document for me?
strictly speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are Penylan based