We are intending to acquire a 3 bedroom flat in Willen with a mortgage. We have a Willen lawyer, but the lender says he's not on their "panel". We have to appoint one of the bank panel firms or retain our Willen conveyancer as well as pay for one of their panel firms to act for them. We regard this is unjust; are we not able to insist that the lender use our Willen conveyancing practitioner ?
Unfortunately,no. Your mortgage offer 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 Willen conveyancing lawyer to apply to be on the conveyancing panel.
My solicitor has identified a defect with the lease for the apartment we are buying in Willen. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor says that he must be satisfied that the bank is happy with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am purchasing a property and the solicitor has referenced Chancel Repair to which the property could be obligated to pay because it falls into the area of such a church. He has suggested insurance. Is this strictly appropriate for conveyancing in Willen
Unless a prior acquisition of the property completed post 12 October 2013 you can expect conveyancing practitioners conducting conveyancing in Willen to remain recommending a chancel search and or insurance against a claim.
The deeds to our property can not be found. The conveyancers who conducted the conveyancing in Willen 5 years ago have long since closed. What are my options?
These day there are copies made of almost everything, and your conveyancer will know precisely where to find all the relevant paperwork so you can buy or sell your property without a hitch. Where duplicates are not available, your conveyancer may be able to arrange cover in the form of insurance or indemnities against future claims on your premises.
The estate agent has sent us the confirmation of our purchase of a new build flat in Willen. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Willen
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply a car parking plan. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?