Royal Bank of Scotland Conveyancing Panel Information

Royal Bank of Scotland make no specific obligation to carry out any of the searches listed. The UK Finance Lenders’ Handbook simply states that ‘you must ensure that any other searches which may be appropriate to the particular property, taking into account its locality and other features are carried out’.

Remember that most ‘less usual searches’ (as described in the Law Society’s Conveyancing Handbook) are not optional as far as Royal Bank of Scotland are concerned if they are ‘appropriate’. Most lenders will not require environmental searches (you should Check Part 2 of UK Finance Lenders’ Handbook to be sure), but you are obliged to explain risks and availability to the client.

Ground stability, Plansearch,flood searches as well as the searches listed in the question are optional – but only to the extent that you have allowed the borrower client to make an informed choice. Regardless of whether there is a mortgage, If you have not advised the client that these (and other) searches are available and what risks they cover, then you will be liable if the client suffers loss through not conducting one. Does your ROT and Ts and Cs cover this?

One search supplier lists over 65 property searches – do you know what all of them are and when they may be relevant? If you are unsure as to which searches are appropriate based on location call your search provider or call one of the leading search companies such as Searchflow.

Many estate agents are suffering if their clients start out on the conveyancing process using a solicitor who is not on the panel with the purchaser’s chosen lender. Many conveyancing firms are only discovering when they begin working on a case that they are no longer able to work with that lender. Given the inevitable resultant delays in the transaction the chances of an abortive deal increases dramatically. in the circumstances there is understandable anguish on the part of the estate agent as a result of the lost time should the client have to change lawyers.

We only know of two or three banks that operate a separate approved solicitors panel where the mortgage advance is over a certain amount. You should nevertheless check directly with Royal Bank of Scotland. At one stage HSBC would only allow Sole practitioners to act for them where the mortgage was below £150,000. We are not sure if HSBC still operate such a condition. In your case it is best to check with Royal Bank of Scotland

One might ordinarily expect Royal Bank of Scotland via their Part 2 requirements to address this but the Handbook is silent on time frames. Do look at the Terms of Royal Bank of Scotland’s Conveyancing Panel Appointment that you previously signed. For a number of banks these Terms include a clause such as: ‘To keep us informed of the reasons for any delay in your being able to send the title deeds and documents we require to us within 3 months of completion or evidence of proof of registration within that period. (We will send reminders if the deeds have not been received but will not acknowledge receipt of deeds’ It is important to keep Royal Bank of Scotland informed. Law firms can often compound their problems by not communicating with the lender when there is a delay or problem.

The Law Society’s CQS accreditation gives no guarantee to lender panel acceptance. Nevertheless the Council of Mortgage Lenders have indicated that it is likely to become a prerequisite for firms wishing to join their approved list of conveyancing solicitors. Some mortgage companies now use the Conveyancing Quality Scheme accreditation as the starting point for Panel approval as is the case with HSBC.

You would be advised to contact Royal Bank of Scotland to obtain standard documents. The CML Handbook contains an explicit inquiry for lenders to reveal who to contact to obtain standard documents. Royal Bank of Scotland in their Part 2’s state: Don’t forget to disclose the firm’s Royal Bank of Scotland solicitors panel reference.