I am progressing with the sale of my house in St Helens and the EA has just text me to warn that the purchasers are appointing a new law firm. The excuse is that the lender will only engage with property lawyers on their approved list. On what basis would a major lender only deal with specific solicitors rather the firm that they want to choose to handle their conveyancing in St Helens ?
Banks have always had an approved set of law firms that can represent them, but in the past few years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Banks blame a rise in fraud as the reason for the reduction – criteria have been narrowed as a smaller panel is easier to maintain. Banks tend not to reveal 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. Your buyers are not going to have any sway in the decision.
Completed the sale of my flat in St Helens last January yet the purchaser is whats apping daily complaining that his solicitor needs to hear from myconveyancer. What are the post completion sale formalities following completion?
After completion of your disposal your conveyancer is duty bound to send the transfer documentation and all additional paperwork to the purchaser's lawyers. Depending on the transaction, your conveyancer must also evidence that the legal charge in favour of the lender has been redeemed to the buyers conveyancers. There is unlikely to be post completion steps just for conveyancing in St Helens.
Can you clarify what the consequences are if my solicitor is removed from the Santander Conveyancing panel ahead of completing my conveyancing in St Helens?
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.
I have justdiscovered that Arc property Solicitors have been shut down. They conducted my conveyancing in St Helens for a purchase of a freehold house 10 months ago. How can I check that the property is not still registered in the name of the previous owner?
The easiest method to see if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of St Helens conveyancing specialists.
Just had an offer accepted on a new build apartment in St Helens. 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 can expect your new-build leasehold conveyancing in St Helens
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Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Please confirm the Lease plans are architect prepared. There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
My father-in-law has suggested that I appoint his conveyancers in St Helens. Do I follow his advice?
Much as we are happy to recommend a St Helens conveyancing lawyer it’s preferable to find a conveyancing solicitor is to get referrals from friends or relatives who have actually previously instructed the solicitor that you are contemplating using.