My wife and I are looking to acquire a flat in Stockton on Tees and are in fact using a Stockton on Tees conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. The Royal Bank of Scotland have this morning contacted us to advise us that there is now an issue as our Stockton on Tees solicitor is not on their approved list of lawyers. Please explain?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Stockton on Tees solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Last April we completed a house move in Stockton on Tees. We have since encountered a number of problems with the house which we consider were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been conducted for conveyancing in Stockton on Tees?
The query is vague as to the nature of the problems and if they are specific to conveyancing in Stockton on Tees. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor answers a form referred to as a SPIF. answers is incorrect, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Stockton on Tees.
Please explain the implications if my solicitor is expelled from the Clydesdale Conveyancing panel ahead of completing my conveyancing in Stockton on Tees?
The first thing to point out is that, this is very unlikely to happen. 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.
What does a local search tell me concerning the house we're purchasing in Stockton on Tees?
Stockton on Tees conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search organisations for example PSG The local search plays a central role in most Stockton on Tees conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search should reveal information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.
Should I be wary by estate agents that I am dealing with are suggesting an internet conveyancing firm rather than a High Street Stockton on Tees conveyancing firm?
As with many service providers, often referrals from relatives can be most helpful. But there are numerous players in a conveyancing matter; estate agents, financial adviser and banks might all suggest lawyers to use. Sometimes the lawyers might be known to one of the organisations as being good in their field, but sometimes there behind the scenes commercial relationship behind the endorsement. You are at liberty to choose your preferred conveyancer. You need to be aware that most banks have an approved list of conveyancers you have to use for the lender aspect of your conveyancing.
My partner has suggested that I instruct his conveyancing solicitors in Stockton on Tees. Should I choose my own solicitor?
There are no two ways about it the best way to choose a conveyancing lawyer is to have guidance from friends or relatives who have actually experience in using the conveyancer you're considering.