My husband and I are purchasing a 2 bedroom apartment in Rawtenstall with a mortgage. We like our Rawtenstall conveyancer, but the lender says she’s not on their "panel". It appears that we have little choice but to instruct one of the mortgage company panel firms or keep our Rawtenstall conveyancing practitioner and pay for one of their panel ones to act for them. This feels very unfair; is there anything we can do?
No, not really. Your mortgage offer 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 Rawtenstall conveyancing solicitor to apply to be on the conveyancing panel.
What happens if my lawyer’s firm is removed from the Co-operative Conveyancing panel ahead of completing my conveyancing in Rawtenstall?
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 at a cost.
How does conveyancing in Rawtenstall differ for new build properties?
Most buyers of new build premises in Rawtenstall come to us having been asked by the seller to sign contracts and commit to the purchase even before the house is built. This is because builders in Rawtenstall typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Rawtenstall or who has acted in the same development.
I was advised by a few selling agents in Rawtenstall to locate a property lawyer on your site. What’s the financial incentive for Estate Agents to recommend your lawyers rather than alternative conveyancing organisations?
We don’t offer any commission for directing people to this site. We thought it would be too underhand to pay a commission because home movers will think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
In my capacity as executor for the estate of my grandmother I am disposing of a residence in Cardiff but I am based in Rawtenstall. My conveyancer (who is 260 kilometers from meneeds me to execute a statutory declaration ahead of completion. Could you suggest a conveyancing practitioner in Rawtenstall who can witness this legal document for me?
Technically speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are Rawtenstall based
We are in the process of acquiring a home in Rawtenstall. Conveyancing is not complete but we wish to keep the amount we are are buying for private from sites such as Zoopla. Is this possible and how?
The Land Registry by statute are required to reveal price paid information on the official title for residential properties nationwide including premises in Rawtenstall. The Title Register is an open document, so HM Land Registry would be breaking the law excluded specific homes such as the property in Rawtenstall.
In essence you can ask the Land Registry to hide the price paid data however the answer would be in the negative.