My wife and I are planning to buy a 1 bedroom flat in Ladbroke Grove with a mortgage. We wish to retain our Ladbroke Grove conveyancer, however the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Ladbroke Grove property lawyer as well as pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to require that the bank use our Ladbroke Grove conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose 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. Another option that might be available is for your Ladbroke Grove conveyancing lawyer to apply to be on the conveyancing panel.
I am refinancing my property in Ladbroke Grove, does my lawyer need to be on the Co-operative Solicitor panel?
There is nothing to stop you using your solicitor, but Co-operative will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
We are planning on selling our property in Ladbroke Grove and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any high street Ladbroke Grove lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed a web based conveyancing practice rather than a conveyancing solicitor in Ladbroke Grove. Having lived in Ladbroke Grove for 4 years we know that this is a non issue. Do we get in touch with our local Authority to seek confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor currently acting for you. What do they say? You need to 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)
I decided to have a survey completed on a property in Ladbroke Grove ahead of retaining solicitors. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some mortgage companies may refuse to give a loan on a flying freehold property.
It depends who your proposed lender is. Lloyds has different requirements for example to Nationwide. If you contact us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ladbroke Grove. Conveyancing will be smoother if you use a solicitor in Ladbroke Grove especially if they are acquainted with such properties in Ladbroke Grove.
Can you set out some of specific advantages to selecting a local lawyer in Ladbroke Grove
Many purchasers and sellers in Ladbroke Grove decide on using a local conveyancing practitioner so that they can attend the firm’s offices if they have questions, and to deliver paperwork rather taking the chance in relying on the post.
We would argue that there is a slight advantage when opting for a lawyer nearby to the property you are buying, due to the familiarity of the area and possible local concerns - nevertheless this is moot. Many conveyancers are now over the web and could be anywhere in the world.