I am progressing with the sale of my house in Shaftesbury and the EA has just called to warn that the purchasers are swapping conveyancer. The reason given is that the bank will only work with property lawyers on their approved list. Why would a major mortgage company only deal with specific lawyers rather the firm that they want to appoint for their conveyancing in Shaftesbury ?
Banks have always had an approved set of law firms that can act for them, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for many years.
Lenders attribute this action to a rise in fraud by way of justification for the reduction – criteria have been tightened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any sway in the decision.
Can you suggest a Coventry Building Society allowed Shaftesbury conveyancing firm who can have us moved in within two weeks? Am I best advised to go for a high street Shaftesbury practice or an internet comparison site?
We can recommend some very good Shaftesbury conveyancing firms. You can also walk up the main road in Shaftesbury. Visit some well established firms and ask to see a conveyancing solicitor for a fee estimate. Mention your requirements together with the reasons and ask for a commitment on speed. Appoint the one that you trust.
I used Arc property Solicitors a few years ago for my conveyancing in Shaftesbury. I now require my file but cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Shaftesbury of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build flat in Shaftesbury. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Shaftesbury
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply a car parking plan.
Due to the guidance of my in-laws I had a survey completed on a house in Shaftesbury in advance of retaining solicitors. I have been told that there is a flying freehold element to the property. My surveyor has said that some lenders tend refuse to grant a loan on a flying freehold premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Shaftesbury. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Shaftesbury to see if the conveyancing costs will increase in light of this.
I acquired a property in Shaftesbury last 20/11/2023 and to date it is still not registered with the Land Registry. It is part of a new estate and my conveyancer told me that it can take over a year to complete the registration formalities. I have spoken with HM Land Registry directly and they have informed me the initial application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your lawyer that you should get in touch with in order to satisfy any concerns which have been raised as part of the registration process for your Shaftesbury property. Normal Shaftesbury conveyancing practice includes an undertaking on the part of the previous owner’s solicitor that they will assist in resolving any question raised by HMLR so it may be a case of taking action to enforce that undertaking in some way.