I am acquiring a flat in Spital. My Conveyancer is not listed on the lender solicitor panel. Is it possible for me to retain my Spital conveyancing solicitor notwithstanding that they are not on the lender panel?
Your options include
- Carry on with your chosen Spital property lawyer but your mortgage company will undoubtedly instruct a solicitor from their approved panel. The net result is additional cost together with probable delay.
- Appoint a new conveyancing practitioner to act in the purchase, ensuring that they are on the mortgage company conveyancing panel.
- Convince your lawyer to pull out all the stops to join the lender’s panel of solicitors
What is the first thing I need to know concerning purchase conveyancing in Spital?
You may not hear this from too many lawyers but conveyancing in Spital and elsewhere in England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of room for confrontation between you and other parties involved in the transaction. For example, the vendor, selling agent and even potentially your mortgage company. Choosing a solicitor for your conveyancing in Spital an important selection as your conveyancer is your adviser, and is the SOLE person in the legal process whose responsibility is to look after your legal interests and to protect you.
Every so often a potential adversary will attempt to persuade you that it is in your interests to do things their way. For example, the selling agent may claim to be assisting by claiming that your solicitor is dragging his heels. Or your mortgage broker may advise you to do something that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
I have paid off my mortgage with Nationwide. I assume I don't need a Spital conveyancing practitioner on the Nationwide panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
I am selling my house. I had a double glazing fitted in April 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Lloyds are being problematic. The Spital solicitor who is on the Lloyds conveyancing panel is saying indemnity insurance will be fine but Lloyds are insisting on a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds 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.
I have instructed a Spital conveyancing practitioner having checked that they are on the Lloyds conveyancing panel. Does my lawyer arrange the survey of the property?
Lloyds will need an independent valuation of the property. Your lawyer will not arrange this. Usually Lloyds will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Spital postcode. As you are getting a mortgage with Lloyds, you could contact them to see if they have a list of approved surveyors in Spital.
My relative suggested that where I am buying in Spital I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is usually quoted for as part of the standard Spital conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Spital around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Spital Education with plans and statistics, Local Amenities and other useful data regarding Spital.
My business partner and I are looking to lease a unit on the high street. Can you recommend solicitors offering no-move-no charges for non-domestic conveyancing in Spital for below 2k?
We can recommend firms who have well rounded knowledge of commercial conveyancing in Spital, including the disposal and purchase of businesses as well as simply premises. If you are hoping to purchase or lease a shop, pub, restaurant, office, retail premises or a whole business we can find you the right solicitor. As for the costs this will depend on the structure and terms of the deal. Let us have your details or call so as to enable us to supply you with a detailed commercial conveyancing calculation.
Am I best advised to use a Spital conveyancing lawyer based in the location that I am purchasing? An old friend can execute the legal formalities but they are based a couple of hundredkilometers away.
The primary upside of using a high street Spital conveyancing practice is that you can pop in to sign documents, deliver your ID and apply pressure on them if necessary. Having local Spital know how is a benefit. However it's more important to get someone that will pull out all the stops for you. If other friends have instructed your friend and in the main were impressed that must outweigh using an unknown Spital conveyancing solicitor just because they are round the corner.