Please explain the implications if my lawyer’s firm is expelled from the Leeds Building Society Solicitor panel ahead of completing my conveyancing in Clare?
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 for a fee.
I am the only beneficiary of my late father’s will with all property in now in my sole name, including the my former home in Clare. Conveyancing formalities meant that the Land Registry date was in November. I plan to dispose of the property. I understand that there is a CML 6 month 'rule', which means that my property ownership could be considered the same way as though I had purchased the house in November. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. Some mortgage companies would take a sensible view as this obligation chiefly exists to identify subsales or the wholesaling and assigning of property.
Is it correct that all Clare CQS (Conveyancing Quality Scheme) solicitors are on the RBS conveyancing panel?
It is true that some lenders now make use of CQS as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of conveyancing solicitors.
I've read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Clare solicitor - who is on the Co-operative conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative 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. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Clare postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Clare.
I have justfound out that Stirling Law have been shut down. They conducted my conveyancing in Clare for a purchase of a freehold house 18 months ago. How can I establish that the property is in my name in the name of the previous owner?
The easiest way to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Clare conveyancing specialists.
I'm purchasing my first flat in Clare benefiting from help to buy. The builders refused to reduce the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The house builders rep suggested that I not reveal to my conveyancer about the side-deal as it will affect my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I am buying a leasehold maisonette in Clare. Conveyancing estimates are averaging around £two thousand. Is that reasonable?
The average fee last year for conveyancing in Clare was just over one thousand four hundred and fifty pounds not including SDLT and HMLR charges.