My partner and I are hoping to acquire a house in Badminton and have appointed a Badminton conveyancing firm. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. The Royal Bank of Scotland have this morning contacted us to advise us that there is now an issue as our Badminton lawyer is not on their conveyancing panel. Is this a problem?
When purchasing a property with mortgage finance it is conventional for the purchasers' solicitors to also represent the mortgage company. 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 property lawyer should contact your lender 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 are not legally obliged to appoint a law firm on the bank's conveyancing panel as you are at liberty to use your preferred Badminton lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
We are only a couple days away from an exchange on a property in Badminton and my parents have sent the ten percent deposit to my property lawyer. I am now told that as the deposit has not arrived from me my property lawyer needs to make a notification to my lender. Apparently, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I informed the lender regarding my parents' contribution when I applied for the home loan, so is it really appropriate for this now to delay the deal?
Your property lawyer is obliged to clarify with lender to ensure that they understand that the balance of the purchase price is not from your own funds. The solicitor can only notify this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.
My aunt advised me that in purchasing a property in Badminton there could be various restrictions as to what one can do in terms of external alterations to a property. Is this right?
We are aware of a number of properties in Badminton which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Badminton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am due to move home in October. Will my conveyancing solicitor call the removal company on the day of completion. Incidentally, can you put forward a removal company in Badminton. Conveyancing firm was chosen prior to coming across your site.
On the afternoon of completion you can pick up the house keys from the property agent however this can only occur once the sellers conveyancers inform the agent that the monies to complete are in and the keys can be passed over. After that you should advise the removal men that they can start moving you in. We are not in a position to recommend a particular removal organisation but can assist you in choosing a conveyancing in Badminton or a firm with expertise in conveyancing in Badminton.
I am expecting a AIP from Santander this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Santander recommend any Badminton solicitors on the Santander conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Badminton solicitors independently although you'll need to choose one on the Santander conveyancing panel. The solicitor represents both you and Santander through the process.
I need some quick conveyancing in Badminton as I am under an ultimatum to exchange contracts within one month. Luckily I do not require a mortgage. Can I escape the need for conveyancing searches to save money and time?
As you are not taking a mortgage you are at free not to have searches carried out although no solicitor would recommend that you don't. Drawing on our experience of conveyancing in Badminton the following are examples of what can appear and adversely impact market value: Refused Planning Applications, Outstanding Fees, Overdue Grants, Railway Schemes,...
Are there restrictive covenants that are commonly identified as part of conveyancing in Badminton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Badminton. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’