I am in the process of selling my house in Ashton and the EA has just e-mailed to say that the buyers are swapping property lawyer. I am told that this is due to the fact that the bank will only engage with property lawyers on their conveyancing panel. On what basis would a major mortgage company only engage with certain lawyers rather the firm that they want to appoint for their conveyancing in Ashton ?
UK lenders have always had panels of law firms that can act for them, but in recent years big names such as Nationwide, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Lending institutions justify this action to a rise in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are not going to have any impact on this.
We are purchasing a property and the solicitor has referenced Chancel Repair to which the house may be obligated to pay as it falls into the area of such a church. She has mentioned insurance. Is this strictly appropriate for conveyancing in Ashton
Unless a prior acquisition of the property took place post 12 October 2013 you could expect conveyancing practitioners conducting conveyancing in Ashton to remain encouraging a chancel search and or insurance against a claim.
Should I be concerned about estate agents that I am dealing with are suggesting an internet conveyancing firm rather than a local Ashton conveyancing firm?
As is the case with lots of service providers, often suggestions from connections can be worth their weight in gold. Nevertheless there are numerous players in a conveyancing transaction; estate agents, financial adviser and mortgage companies might all recommend solicitors to appoint. On occasion these lawyers might be known to one of the organisations as experts in their field, but occasionally there is an underlying commercial relationship behind the recommendation. You are at liberty to choose your preferred lawyer. However, bear in mind that most lenders have an approved list of conveyancers you are obliged to use for the lender aspect of your home move.
We're first time buyers - had an offer accepted, yet the property agent told us that the owners will only move forward if we use their preferred lawyers as they need an ‘expedited deal’. Our preferred option is to instruct a family solicitor with experience of conveyancing in Ashton
It is unlikely the owners are behind this. Should the owner desire ‘a quick sale', taking such a hostile approach to a genuine buyer is going to damage their objectives. Speak to the owners direct and make sure they comprehend that (a)you are keen to buy (b)you are ready to progress, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)but you are going to use your preferred Ashton conveyancing solicitors - rather thanthe ones that will provide their negotiator at the agency a introducer fee or achieve conveyancing figures set by senior management.
We have just found out that one of the partners of the firm handling the purchase conveyancing in Ashton is a relative of the vendor. Is this allowed?
As long as there is no conflict of interest this is permitted. If you are needing mortgage finance then the bank may have a say as many lenders have specific requirements on this. For example for Clydesdale Bank as of 7/11/2024, the requirements read as follows :