My partner and I are looking to acquire a home in Topsham and have instructed a Topsham conveyancing practice. Within the past 48 hours our property lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Santander have this afternoon contacted us to inform me that there is now an issue as our Topsham conveyancer is not on their conveyancing panel. What do we do from here?
When purchasing a property with the benefit of a mortgage it is standard 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 mortgage company 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 Topsham solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
I am told that my conveyancing solicitors will need to check that the building insurance for my purchase of a house in Topsham. My lender is The Mortgage Works
The Mortgage Works have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 19/1/2025, the requirements read as follows :
Is there a list of Clydesdale panel conveyancers in Topsham on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such directory service on the Council of Mortgage Lenders or Building Society Association sites. A small selection of lending institutions make their panel listings open the public on the web. Where you are looking for a Topsham lawyer on the Clydesdale please use our tool.
I am buying a property in Topsham. An unusual aspect is that the roof has a solar panel. Kent Reliance have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Kent Reliance your lawyer must follow the formal requirements contained in Section 2 of UK Finance Lenders’ Handbook for Kent Reliance. The Council of Mortgage Lenders’ Handbook stipulates minimum specifications for solar panel roof-space leases, and conveyancers are required to report to Kent Reliance where a lease fails to comply with these conditions. The specifications relate to the installation of panels on properties countrywide and is not limited to Topsham.
I currently have a mortgage with RBS for my property in Topsham. Conveyancing has been completed some time ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform RBS?
Your original mortgage agreement with RBS will provide that you need their approval prior to letting out your property as this is likely to be a breach of RBS’s mortgage conditions. It may be that RBS will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact RBS directly. It should not be necessary to do this via a RBS conveyancing panel lawyer.
I am selling our property in Topsham and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. A high street Topsham conveyancer would know this is not the case. It does beg the question why the purchasers are using an internet conveyancing firm rather than a conveyancing solicitor in Topsham. Having lived in Topsham for six years we know that this is a non issue. Should we contact our local Authority to obtain confirmation that the buyers are looking for.
It would appear that you have a conveyancing solicitor already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
How does conveyancing in Topsham differ for newly converted properties?
Most buyers of new build residence in Topsham come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is completed. This is because new home sellers in Topsham tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Topsham or who has acted in the same development.
I am about to complete buying a property in Topsham but as a result of wreckage from the recent storms I have negotiated reparation from the vendor of £3k in the form of a reduction in the price. I had intended this to be addressed as part of the conveyancing process yet the lender will not permit this. Why were they informed?
The conveyancer being on the mortgage company conveyancing panel is duty bound to inform the bank of any changes to the sale figure. If you were to refuse your lawyer to report the reduction to your mortgage company then they would have to refrain from acting for you and the lender.