Is the fact that my solicitor in County Durham is not listed on my lender's conveyancing panel that there is a problem with the quality of the firm’s work?
It would be unwise to jump to that conclusion. There are plenty of plausible explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (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. Where you are concerned you should contact the County Durham conveyancing firm and enquire why they are no longer on the approved list for your bank.
The owners of the property we are looking to purchase have instructed a conveyancing practitioner in County Durham who has insisted on a preliminary contract with a deposit two thousand pounds. Is it wise to enter into such agreements?
There are a couple of main drawbacks with signing a lock out agreement (sometimes termed a shut-out contract) is that it can distract from making progress with the conveyancing work, so in the absence of it needing limited or no negotiation then it could turn out to be unhelpful. It is not particularly popular amongst County Durham conveyancing solicitors for this reason. A supplemental negative is the extent of the remedies available - a jilted purchaser is extremely unlikely to win an injunctive ruling by a court to prevent the owner completing the sale to a third party, so the only remedy available under the agreement will be the reimbursement of wasted charges and, in limited scenarios, the extra payment of penalties.
What is the first thing I need to know regarding purchase conveyancing in County Durham?
You may not hear this from too many lawyers but conveyancing in County Durham or throughout England and Wales is an adversarial experience. In other words, when it comes to conveyancing there is plenty of opportunity for friction between you and other parties involved in the transaction. For example, the vendor, estate agent and on occasion the mortgage company. Selecting a lawyer for your conveyancing in County Durham is a critical decision as your conveyancer is your adviser, and is the ONLY person in the legal process whose role it is to act in your legal interests and to protect you.
We are witnessing a worrying emergence of a "blame" culture- someone must be at fault for the process taking so long. You must always trust your conveyancer above all other parties when it comes to the legal transfer of property.
Due to the advice of my in-laws I had a survey completed on a property in County Durham prior to instructing conveyancers. I have been told that there is a flying freehold element to the property. The surveyor has said that some lenders may not grant a mortgage on this type of home.
It varies from the lender to lender. Bank of Scotland has different requirements from Nationwide. If you call us we can check via 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 County Durham. Conveyancing will be smoother if you use a solicitor in County Durham especially if they are acquainted with such properties in County Durham.
My brother mentioned that before selecting a conveyancing firm they must be approved by your lender. It happens to be my first home move but I have an AIP from Nat West Bank and I already have a local conveyancing lawyer in County Durham on standby. Does HSBC require an approved conveyancer to be instructed? If so, where do I find that list so I can pick a conveyancing lawyer in County Durham?
You need to instruct a solicitor that is on the HSBC panel. The first thing to do is ring your preferred County Durham conveyancing lawyer and ask if they are on the HSBC panel. If they are not approved you have a number of choices available to you here:
- Carry on with your chosen County Durham lawyer but HSBC will no doubt retain a lawyer on their approved list. This will result in additional cost and likely interruption.
- Appoint a fresh solicitor to act in the purchase, obviously checking they are on the HSBC conveyancing panel.
- Convince your lawyer to do everything within their powers to get listed on the HSBC panel of solicitors.