Some advice if I may. My Havering-atte-Bower solicitor is informing me me that he has toconduct Havering-atte-Bower conveyancing searches due to the fact thatthe firm are on the Nat Westconveyancing panel. Is my conveyancer correct?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Havering-atte-Bower conveyancing searches.
What does my ID and proof of funds have anything to do with my conveyancing in Havering-atte-Bower? Why is this being asked of me?
Anti-terror and anti-money-laundering regulations require solicitors and licensed conveyancers to check the ID of the person or body they are dealing with before they can accept their conveyancing instruction. The Terms and Conditions that you need to sign should reaffirm this. Your lender will also require certain documents to be viewed. Where you refuse to provide ID verification documents, your conveyancer would not be able to act for you.
My partner and I are selling our home in Havering-atte-Bower and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. A local conveyancer would know this is not the case. It does beg the question why the buyers instructed a nationwide conveyancing practice as opposed to a conveyancing solicitor in Havering-atte-Bower. We have lived in Havering-atte-Bower for 4 years we know of no issue. Is it a good idea to get in touch with our local Authority to get clarification that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
Due to the encouragement of my in-laws I had a survey completed on a house in Havering-atte-Bower prior to retaining conveyancers. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some banks tend not give a loan on such a property.
It varies from the lender to lender. HSBC has different requirements from Halifax. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Havering-atte-Bower. Conveyancing will be smoother if you use a solicitor in Havering-atte-Bower especially if they are accustomed to such properties in Havering-atte-Bower.
My wife and I are disposing of a Havering-atte-Bower apartment left to us 5 years ago in 2012. I have over a decades worth of conveyancing experience and, now retired, see no reason not to undertake my own legal work. The buyer's solicitor has informed me that their Lenders will not allow us to do our own conveyancing requiring the funds to be passed via a solicitor's bank account.
Lending requirements to conveyancing practitioners from all CML members state that If the seller does not have legal representation the buyer’s lawyers should check whether the lender needs to be told so that a decision can be reached if they are willing to move forward.