I am obtaining a mortgage offer from Santander. I would like to instruct a Licensed Conveyancer in Worcester. Does the Santander Conveyancing panel include Licensed Conveyancers?
The Santander approved solicitor list is, like many other lenders, associated to the CML or Building Society Association, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
My partner and I have recently bought a property in Worcester. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been ordered for conveyancing in Worcester?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Worcester. Conveyancing searches and investigations undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a document known as a Seller’s Property Information Form. If the information proves to be misleading, then you may have a claim against the owner 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 Worcester.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Nottingham Conveyancing panel ahead of completing my conveyancing in Worcester?
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.
When it comes to lenders such as Principality, do Worcester conveyancers have to pay an annual charge to be on the list of approved solicitors?
We are unaware of any bank fees to be on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
I am expecting a OIP from Lloyds this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Lloyds recommend any Worcester solicitors on the Lloyds conveyancing panel, or is it better to go independently?
You will need to appoint Worcester solicitors independently although you'll need to choose one on the Lloyds conveyancing panel. The solicitor represents both you and Lloyds through the process.
I was told three weeks ago that my mortgage has been agreed to by HSBC. Is it usual for HSBC to only issue the offer once my solicitor in Worcester is approved on their conveyancing panel? HSBC have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for HSBC to deal with your lawyer's application to be on the HSBC conveyancing panel. There's no guarantee that your solicitor will be accepted.
Will my conveyancer be making enquiries concerning flooding as part of the conveyancing in Worcester.
Flooding is a growing risk for conveyancers conducting conveyancing in Worcester. Plenty of people will purchase a property in Worcester, fully aware that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, however there are a numerous searches that may be initiated by the purchaser or by their solicitors which will figure out the risks in Worcester. The standard completed inquiry forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the vendor to discover if the premises has ever been flooded. If the property has been flooded in past and is not notified by the vendor, then a purchaser could bring a legal claim for losses stemming from an incorrect reply. The purchaser’s lawyers may also conduct an environmental report. This should disclose if there is any known flood risk. If so, further inquiries will need to be made.
I decided to have a survey done on a property in Worcester ahead of appointing solicitors. I have been informed that there is a flying freehold element to the house. The surveyor has said that some mortgage companies tend not give a loan on a flying freehold premises.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Halifax. If you e-mail us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Worcester. Conveyancing will be smoother if you use a solicitor in Worcester especially if they regularly deal with such properties in Worcester.