Am I correct in assuming that the fact that my conveyancer in Badminton is not identified on my mortgage company's conveyancing panel that there is a problem with the quality of her work?
It would be unwise to jump to that conclusion. There are plenty of reasonable explanations. A recent report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Badminton conveyancing practice and enquire why they are no longer on the approved list for your lender.
We are expecting a mortgage offer soon. The lender mentioned the loan came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would prefer to instruct a local conveyancing solicitor in Badminton?
You should check but the the likelihood is that appoint one of their panel solicitors should you take up the "fee-free" deal. Contact the lender and determine if they make available a cash alternative. Some mortgage companies have previously offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Badminton.
I am assisting my sister sell her flat in Badminton. Does the conveyancer order the energy performance certificate or should I organise this?
Following the abolition of Home Packs, energy performance certificates was left as a required element of selling a property. An energy assessment must be commissioned in advance of the property being placed on the market. It is not a task that law firms normally arrange. If you are using a Badminton conveyancing solicitor they may help arrange energy performance certificates given their relationships with long established Badminton providers
I just acquired a flat at auction in Badminton. Conveyancing is needed. What is next?
Given that you are now exchanged you must choose a conveyancing practitioner quickly as you are faced with a pending deadline in which to complete the property. Every auction property will ordinarily have a corresponding legal pack. This should include most,if not all of the paperwork that your lawyer requires. Where you are dealing with leasehold property the conveyancing pack should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to a leasehold property. You need to pass this on to your appointed conveyancing solicitor at the earliest opportunity. Do make sure that you have funds organised to complete on the on the contractual date .
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Badminton solicitor - who is on the Yorkshire BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Badminton surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Will my conveyancer be making enquiries regarding flooding as part of the conveyancing in Badminton.
Flooding is a growing risk for solicitors specialising in conveyancing in Badminton. There are those who acquire a property in Badminton, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, but there are a various checks that can be initiated by the purchaser or by their lawyers which will figure out the risks in Badminton. The conventional set of completed inquiry forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to determine if the premises has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the vendor, then a buyer could issue a compensation claim as a result of such an incorrect answer. A purchaser’s conveyancers will also carry out an enviro report. This will indicate whether there is any known flood risk. If so, further inquiries will need to be conducted.
I need to find a conveyancing solicitor for purchase conveyancing in Badminton. I've chance upon a web site which looks to be the ideal answer If it is possible to get all formalities done via email that would be preferable. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?