Me and my fiance are buying a 2 bedroom flat in Poole with a mortgage. We would like to retain our Poole lawyer, but the lender advise she’s not on their "panel". It seems we have little choice but to select one of the mortgage company panel conveyancing practices or keep our Poole property lawyer and pay for one of their panel lawyers to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. 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. Another option that might be available is for your Poole conveyancing lawyer to apply to be on the conveyancing panel.
The sellers of the home we are looking to purchase have appointed a conveyancing practitioner in Poole who has insisted on a preliminary contract with a non-refundable deposit of 5k. Are such agreements sensible?
This type of agreement isn't frequently used in Poole, conveyancers will often sway clients away from them as they detract from focusing on the main conveyancing focus and if you end up having your deposit forfeited then the solicitor is left exposed. Furthermore, there is no guarantee that just because the vendor has signed an exclusivity agreement they will sell to you. They may be in contravention of the contract if they are offered sufficient financial inducement to do so because an aggrieved buyer with the benefit of a exclusivity agreement will still be duty bound to show losses as a consequence of the breach and this may not equalise the financial benefit that your seller may obtain by breaching the contract, no matter how morally shameful that may be.
What is the difference between a licensed conveyancer and conveyancing solicitor in Poole
There are two types of lawyers who can execute conveyancing in Poole namely CLC regulated conveyancers or solicitors. Both professionals handle conveyancing services that you need to complete the sale or purchase of property. They are both required to perform Poole conveyancing to the same standards and guidelines so you may be sure that your conveyancing will be professionally administered and that all requirements and steps should be appropriately adhered to.
I am expecting a DIP from HSBC this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do HSBC recommend any Poole solicitors on the HSBC conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Poole solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.
Completion of my purchase has taken place for my property in Poole. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Due to the advice of my in-laws I had a survey completed on a house in Poole in advance of retaining lawyers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some banks will refuse to grant a loan on such a home.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. If you call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Poole. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Poole to see if the conveyancing will be more expensive.
I am 18 days into a freehold purchase having been directed to conveyancers by the local agent to carry out the conveyancing in Poole. I am am very disappointed with the level of service. Could you you assist me in finding new conveyancers?
They would have to be really bad to suggest changing them. Has the loan offer been issued? If so you will need to advise them of the new contact details and have the mortgage documents are issued to the new lawyers. Your solicitor ideally should be on the mortgage company approved list to avoid escalating charges and frustration. So that should be your first question of the new solicitors. Our search tool can assist you in finding a lender approved conveyancer for your conveyancing in Poole
I'm purchasing a property in Poole. I have found my conveyancer's company on the CLC list, but I can't find my conveyancer's name as listed on the regulator's website. Should I be concerned?
Not all staff in the law firm must be listed by the regulator. As long there is a manager qualified to 'oversee' the conveyancing, the actual day-to-day activity can be conducted by unqualified staff.