My husband and I are buying a 2 bedroom flat in Tiptree with a mortgage. We like our Tiptree lawyer, however the lender says he's not on their "panel". We have to appoint one of the lender panel firms or continue with our Tiptree solicitor as well as pay for one of their panel ones to act for them. We regard this is inequitable; are we not able to demand that the bank use our Tiptree solicitor ?
Unfortunately,no. The mortgage offered to you 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. A further alternative is for your Tiptree conveyancing solicitor to apply to be on the conveyancing panel.
I am under pressure from the executor of a property in Tiptree to sign contracts within four weeks. What can I do to expedite matters?
Where you are under pressure for your conveyancing we would recommend that your conveyancer is familiar with the area as they will benefit local relationships and know-how. It is possible that they would have handled previoushomes in the same neighbourhood. Therefore consider using a Tiptree conveyancing lawyer. Second, check that the conveyancing firm is on the member panel. It is said that 18% of Tiptree conveyancing transactions are frustrated or jeopardised after discovering a buyer’s lawyer was not on their mortgage lender’s member panel. In many cases this discovery resulted in the transaction being held up by as much as 21 days. It is said that this issue impacts in the region of one hundred thousand home sales every year. Many Tiptree conveyancing practices can not represent certain mortgage companies so do check as early as possible.
My bank has recommended a law firm on their panel based in Tiptree but I would rather choose a conveyancing lawyer in Tiptree local to me. Are you able to help?
The minority of Tiptree conveyancing firms are on all banks conveyancing panel. Please make use of the above search tool to identify a Tiptree conveyancing solicitor on the on the lender panel.
Should our conveyancer be asking questions regarding flooding as part of the conveyancing in Tiptree.
The risk of flooding is if increasing concern for solicitors dealing with homes in Tiptree. There are those who acquire a property in Tiptree, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, but there are a number of checks that may be undertaken by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in Tiptree. The conventional set of completed inquiry forms supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to find out whether the premises has historically flooded. If the premises has been flooded in past which is not disclosed by the owner, then a purchaser could bring a claim for damages stemming from an incorrect answer. The purchaser’s conveyancers may also commission an enviro search. This should reveal if there is any known flood risk. If so, more detailed investigations will need to be initiated.
Last June I purchased a leasehold flat in Tiptree. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Tiptree - A selection of Queries Prior to buying
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Are there any major works in the planning that could increase the maintenance fees? Who are the managing agents? How is the lease structured?
What can I do where I am dissatisfied with the lawyer who did our conveyancing in Tiptree?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that every so often things do go wrong. However there is recourse where you were dissatisfied with your conveyancing in Tiptree. This varies from trying to resolve matters directly with them, through to reporting a property lawyer to their governing body. If things still aren’t sorted out you may consider enlisting the help of the Legal Ombudsman.