We are hoping to acquire a 2 bedroom flat in Berkhamsted with a mortgage. We have a Berkhamsted solicitor, however the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Berkhamsted conveyancer as well as pay for one of their panel lawyers to represent them. We regard this is inequitable; is there anything we can do?
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 Berkhamsted conveyancing solicitor to apply to be on the conveyancing panel.
Please explain the implications if my lawyer’s firm is expelled from the Bank of Ireland Conveyancing panel ahead of completing my conveyancing in Berkhamsted?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
How does conveyancing in Berkhamsted differ for new build properties?
Most buyers of new build premises in Berkhamsted come to us having been asked by the developer to sign contracts and commit to the purchase even before the house is finished. This is because new home sellers in Berkhamsted typically buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Berkhamsted or who has acted in the same development.
I am looking for a conveyancing practitioner in Berkhamsted for my house move. Is it possible to check a firm’s record with the legal regulator?
You can read presented Solicitor Regulator Association (SRA) determinations stemming from inquisitions from 2008 onwards. Visit Check a solicitor's record. To find records Pre 2008, or to check a firm's record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, use +44 (0)121 329 6800. The regulator may monitor telephone calls for training reasons.
Our financial adviser has recommended their conveyancer for my conveyancing in Berkhamsted - won’t it be easier to just use them?
It is worth checking if the estate agent is recommending a solicitor or introducing to a conveyancer. There are plenty of Berkhamsted estate agents who recommend two or three Berkhamsted conveyancing firms purely based on those lawyers offering a great service.