My fiance and I intend to purchase a newly converted apartment in Warsash with a mortgage from Santander.We like our Warsash conveyancing lawyer but Santander says she’s not on their approved list of firms. It seems we have no choice but to instruct a Santander panel lawyer or retain our high street solicitor and fork out for a Santander panel lawyer to act for them. We feel as though this is unjust; is there anything we can do?
No, not really. The mortgage offered to you contains various provisions, one of which will be that conveyancers must be on the Santander solicitor panel. in the past, most banks had large numbers of solicitors on their panels: a borrower could find 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 solicitors to apply to be on the conveyancing panel for Santander
We are close to exchanging contracts on the sale of our home in Warsash and according to the buyers it appears that there is a risk of it being built on contaminated land. A high street Warsash lawyer would know this is not the case. For the life of me I don't know why the buyers instructed a national conveyancing outfit rather than a conveyancing solicitor in Warsash. We have lived in Warsash for many years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You must enquire of 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 health insurance to cover that same sickness)
How does conveyancing in Warsash differ for new build properties?
Most buyers of new build residence in Warsash come to us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is completed. This is because house builders in Warsash tend to buy the land, 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 conveyancing solicitors 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 Warsash or who has acted in the same development.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Warsash is where the house is located. What do you suggest?
Flying freeholds in Warsash are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Warsash you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Warsash may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
My father-in-law has urged me to appoint his lawyers for conveyancing in Warsash. Should I use them?
There are no two ways about it the best way to select a conveyancing lawyer is to have guidance from friends or family who have previously instructed the firm that you are contemplating using.
My solicitors in Warsash have advised me that they can not locate my conveyancing file. To assist with my purchase I took out a mortgage with the bank. Is it case that being on the mortgage company conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the lender Conveyancing Panel Terms. It might be worth you contacting the lender directly.