I do hope you can help me. My Great Shelford conveyancer is assuring me that she is duty bound toconduct Great Shelford conveyancing searches stemming from the fact thatthe firm are on the HSBCapproved lawyer panel. These Great Shelford searches cost a lot of money can this be avoided?
You have limited options available to you. As you are taking a mortgage with a mortgage company your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Great Shelford conveyancing searches.
After looking at moneysavingexpert.com for an online lawyer in Great Shelford, many advise that I must look for a CQS assured lawyer. What is CQS?
Great Shelford Conveyancing Quality Scheme law firms have obtained accreditation under the Law Society's Scheme (CQS) The Law Society introduced CQS to establish evidence of quality standards in the home moving process. CQS enables consumers to recognise practices that provide a quality residential conveyancing. Great Shelford is one of the many areas in England and Wales in which accredited firms are based. The scheme requires law firms to undergo a strict assessment, compulsory training, self-certification, spot checks and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Council of Mortgage Lenders.
We have agreed to purchase a house in Great Shelford. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Virgin Money be concerned?
As your lender is Virgin Money your lawyer must comply with the conveyancing requirements outlined in Part two of UK Finance Lenders’ Handbook for Virgin Money. The Council of Mortgage Lenders’ Handbook includes minimum provisions for solar panel roof-space leases, and solicitors are required to report to Virgin Money where a lease does not meet these requirements. The specifications relate to the installation of panels on properties countrywide and is not limited to Great Shelford.
I am expecting a DIP from Clydesdale 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 Clydesdale recommend any Great Shelford solicitors on the Clydesdale conveyancing panel, or is it better to go independently?
You will need to appoint Great Shelford solicitors independently although you'll need to choose one on the Clydesdale conveyancing panel. The solicitor represents both you and Clydesdale through the process.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Great Shelford building society branch on numerous occasions and was told they are content with the situation and they will lend. My Great Shelford conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Your conveyancer has to comply with the CML Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should my lawyer be making enquiries about flooding during the conveyancing in Great Shelford.
The risk of flooding is if increasing concern for solicitors dealing with homes in Great Shelford. Plenty of people will acquire a house in Great Shelford, fully aware that at some time, it may be flooded. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, but there are a numerous checks that may be carried out by the buyer or by their conveyancers which should figure out the risks in Great Shelford. The standard information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to determine whether the premises has suffered from flooding. If flooding has previously occurred which is not disclosed by the vendor, then a purchaser may issue a compensation claim stemming from an incorrect reply. The buyer’s conveyancers should also commission an environmental search. This should reveal whether there is a recorded flood risk. If so, more detailed inquiries should be conducted.
My step-son is about to join the property ladder, he had his mortgage in principle. When the seller agreed the offer on the house we called the mortgage institution to issue the formal offer. I was disappointed to discover that mortgage lenders do not accept all property lawyer, they have to be on a list, is this correct?
Lenders normally imposes restrictions either the type or the number of conveyancing firms on their panel. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that banks have no responsibility for the quality of advice provided by any Great Shelford conveyancer on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Unlikely.