I am one month into the sale of my apartment in Stoke Bishop and the EA has just e-mailed to say that the purchasers are changing their conveyancer. The excuse is that the bank will only work with property lawyers on their approved list. Why would a big named mortgage company only work with certain law firms rather the firm that they want to select to handle their conveyancing in Stoke Bishop ?
UK lenders have always had an approved set of law firms that can represent them, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Lenders point to the increase in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
We previously appointed solicitors with offices in Stoke Bishop on the Skipton solicitor panel. They have just invoiced me a supplemental sum for handling the Skipton mortgage. Is this an additional conveyancing fee set by Skipton?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your conveyancing practitioner is entitled to levy a fee for this. The fee is not dictated by Skipton but by your Stoke Bishop conveyancing practitioner. Plenty of firms on the Skipton panel will quote an ‘acting for lender’ fee but many firms incorporate it on their overall fee.
We have agreed to purchase a house in Stoke Bishop. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Co-operative be concerned?
Given that your lender is Co-operative your lawyer must check the conveyancing requirements contained in Section two of UK Finance Lenders’ Handbook for Co-operative. The CML Handbook includes minimum requirements for solar panel roof-space leases, and lawyers are required to report to Co-operative where a lease does not meet these provisions. The provisions relate to the installation of panels on properties countrywide and is not limited to Stoke Bishop.
I was told two weeks ago that my mortgage has been agreed to by Co-operative. Is it usual for Co-operative to only issue the offer once my solicitor in Stoke Bishop is approved on their conveyancing panel? Co-operative have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Co-operative to deal with your lawyer's application to be on the Co-operative conveyancing panel. There's no guarantee that your solicitor will be accepted.
How does conveyancing in Stoke Bishop differ for newly converted properties?
Most buyers of new build premises in Stoke Bishop approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is ready to move into. This is because developers in Stoke Bishop tend to acquire the land, 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 conveyancers 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 Stoke Bishop or who has acted in the same development.
I have been advised by a few selling agents in Stoke Bishop to get a quote from a solicitor on your site. Is there a financial upside for Estate Agents to recommend your site rather than a competitor’s?
We don’t offer any commission for pointing buyers and sellers in our direction. We found it would be just too difficult a fee because home movers will think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
Last July I purchased a leasehold house in Stoke Bishop. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Stoke Bishop Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
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How much is the ground rent and service charge? It is important to be aware if fixing the lift or some other major work is pending to be shared between the leaseholders and will materially increase the the maintenance costs or result in a one off payment. How is the lease structured?