My wife and I are buying a 2 bedroom apartment in Canterbury with a mortgage. We have a Canterbury lawyer, but the bank advise he's not on their "panel". It appears that we have no option but to instruct one of the lender panel solicitors or keep our Canterbury conveyancing practitioner and pay for one of their panel firms to represent them. This seems very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your Canterbury conveyancing lawyer to apply to be on the conveyancing panel.
When does exchange of contracts happen for residential conveyancing in Canterbury and am I required to attend the solicitors branch?
If you are local to our conveyancing solicitors in Canterbury you are welcome to come in to sign contracts. However, the firms we work with supply a national conveyancing service and give as equally detailed and professional a job for you when dealing with you electronically. The signing of the contract is not the important part. A signed contract is necessary for the solicitor to officially exchange at the appropriate time, which is ordinarily shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where a long "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Canterbury)to be in the office at the appropriate time.
Are the BSA intent on creating a searchable register to list solicitors on the Darlington Building Society conveyancing panel for instance in Canterbury?
We are not aware of any intention on the part of the BSA to promote such a tool.
How does conveyancing in Canterbury differ for newly converted properties?
Most buyers of new build premises in Canterbury come to us having been asked by the seller to exchange contracts and commit to the purchase even before the residence is completed. This is because new home sellers in Canterbury tend to buy 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 conveyancing solicitors 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 Canterbury or who has acted in the same development.
How can the Landlord & Tenant Act 1954 impact my commercial premises in Canterbury and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial lessees, giving them the legal entitlement to make a request to court for a renewal tenancy and remain in occupation when the lease comes to an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and handle your commercial conveyancing in Canterbury