My fiance and I are hoping to acquire a property in Hook and are in fact using a Hook conveyancing practice. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Bank of Ireland have this evening contacted us to advise us that there is now an issue as our Hook solicitor is not on their approved list of lawyers. What do we do from here?

If you are buying a property requiring a mortgage it is standard for the purchasers' solicitors to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Hook solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.

My wife and I have recently purchased a property in Hook. We have since encountered a number of issues with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been conducted as part of conveyancing in Hook?

The question is vague as what problems have arisen and if they are relate to conveyancing in Hook. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner fills in a form referred to as a Seller’s Property Information Form. answers ends up being inaccurate, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Hook.

I am told that my conveyancing solicitors will need to check that the building insurance for my purchase of a house in Hook. My lender is Chelsea Building Society

Chelsea Building Society have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 8/5/2024, the requirements read as follows :

I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a simple, no chain conveyancing. Hook is where the house is located. Is there any guidance you can give?

Flying freeholds in Hook are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hook you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hook may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

My husband and I accepted an offer on a Hook flat we inherited some years ago in 2012. I have over 12 years conveyancing know-how and, now retired, see no reason not to carry out my own legal work. The buyer's property lawyer has informed me that their building society will not allow you to do your own conveyancing requiring the funds to be transferred to a solicitor's bank account.

Lending instructions to property lawyers from all CML members specify that If the seller is not legally represented the borrower's lawyers should check whether the mortgage company needs to be told so that a decision can be made if they are willing to move forward.