I am nearing exchange of contracts for my ground floor flat in Brecon Beacons and the EA has just called to advise that the purchasers are changing their conveyancer. I am told that this is due to the fact that the bank will only work with solicitors on their approved list. On what basis would a major mortgage company only deal with certain solicitors rather the firm that they want to select to handle their conveyancing in Brecon Beacons ?
Mortgage companies have always had panels of law firms they are willing to work with, but in recent years big names such as Yorkshire Building Society, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for decades.
Mortgage companies point to the increase in fraud by way of justification for the pruning – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are unlikely to have any sway in the decision.
In the event thatI were to acquire a simple residential propertyin Brecon Beacons for cash and dispense with a survey and no conveyancing searches how much would I expect to have to pay for conveyancing in Brecon Beacons?
The sole saving you would achieve is the Brecon Beacons conveyancing searches. The conveyancer still be obliged to do everything else - money laundering, correspond with the sellers conveyancer, SDLT return, register the property etc. You might save a bit for them not needing to register a charge however it will not be significant.
I am helping my niece sell her flat in Brecon Beacons. Will the conveyancer arrange an energy performance certificate or it is for me to see to?
After the abolition of HIPs, energy performance certificates was retained a compulsory component of selling a property. An energy performance certificate needs to be commissioned prior to the property being advertised. This is not a task that conveyancers ordinarily arrange. Where you are using a Brecon Beacons conveyancing lawyer they might be able to arrange energy performance certificates due to their relationships with reputable Brecon Beacons assessors
I am the sole recipient of my late father’s estate and I have everything in my name alone, including the my former home in Brecon Beacons. The Brecon Beacons property was put into my name in September. I want to move. I understand that there is a CML 6 month 'rule', meaning my proprietorship will be regarded the same way as though I had purchased the property in September. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. Some banks would take a practical view as this clause is chiefly there to capture the purchase and immediately sell or the quick reselling of property.
is it true that all Brecon Beacons solicitor practices on the Bank of Ireland conveyancing panel are regulated by the SRA?
As solicitors, in order to be on the Bank of Ireland conveyancing panel they would need to be governed by the SRA. The majority of banks do allow licenced conveyancers on their panel and in such a situation the firms would be regulated by the CLC.
How does conveyancing in Brecon Beacons differ for new build properties?
Most buyers of new build property in Brecon Beacons approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the property is constructed. This is because developers in Brecon Beacons 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 property lawyers 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 used to new build conveyancing in Brecon Beacons or who has acted in the same development.
Am I best advised to use a Brecon Beacons conveyancing solicitor based in the location that I am hoping to buy? We have a good friend who can conduct the legal formalities however his firm is located over three hundred miles away.
The primary upside of using a high street Brecon Beacons conveyancing firm is that you can pop in to sign paperwork, hand in your ID and pester them if necessary. Having local Brecon Beacons know how is a plus. That being said it's more important to get someone that will pull out all the stops for you. If you know people who used your friend and on the whole were content that should trump using an unknown Brecon Beacons conveyancing lawyer just because they are round the corner.