Can you clarify what the consequences are if my solicitor is expelled from the Leeds Building Society Solicitor panel ahead of completing my conveyancing in Powys?
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.
My wife and I are intent on selling our home in Powys and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the buyers instructed a national conveyancing practice rather than a conveyancing solicitor in Powys. Having lived in Powys for six years we know of no issue. Should we get in touch with our local Authority to get clarification that there is no issue.
It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to check with 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 life insurance to cover that same illness)
I am buying a new build flat in Powys. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Powys
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please confirm the Lease plans are surveyor prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Due to the advice of my in-laws I had a survey completed on a house in Powys prior to retaining solicitors. I have been told that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies will refuse to issue a mortgage on such a home.
It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. If you contact us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Powys. Conveyancing will be smoother if you use a solicitor in Powys especially if they regularly deal with such properties in Powys.
I was pointed in your direction by two or three local selling agents in Powys to find a conveyancer using your seach tool. Is there a financial advantage for Estate Agents to offer your services rather than a competitor’s?
We don’t make any financial incentive for pointing buyers and sellers in our direction. We found it would be just too difficult a fee as home movers will think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
We are purchasing a 2 room bungalowin Powys with a loan from a mortgage company. We wish to instruct our solicitor in Powys but our lender says he's not approved on their "panel". Apparently we need to choose one of the our mortgage company panel firms or keep our Powys solicitor and pay for one of their panel ones to represent our mortgage company. We feel as though this is unjust; is there anything we can do?
Unfortunately,no. The lender mortgage issued is subject to conditions, one of which will be that solicitors will on the bank's conveyancing panel. in the past, most banks had open panels, including most conveyancing solicitors in Powys : 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 solicitors to apply to be on the conveyancing panel for your lender.