My partner and I are planning to purchase a flat in Canvey Island and are in fact using a Canvey Island conveyancing practice. Within the last couple of days our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Nottingham Building Society have this evening contacted us to inform me that there is now an issue as our Canvey Island conveyancer is not on their approved list of lawyers. Please explain?

When purchasing a property with mortgage finance it is usual 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 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 are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Canvey Island solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.

Can you help? My Canvey Island lawyer is advising me that she is duty bound toapply for Canvey Island conveyancing searches becausethe firm are on the Lloydssolicitor panel. Is my solicitor right?

Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a bank your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Canvey Island conveyancing searches.

What does my ID and proof of funds have anything to do with my conveyancing in Canvey Island? Why is this being asked of me?

Canvey Island conveyancing solicitors as well as nationwide property practitioners accross the UK have an obligation under Anti-terror and anti-money-laundering rules to check the ID of any client with a view to satisfy themselves that clients are who they say they are.

Conveyancing clients will need to disclose two forms of certified identification; proof of identity (typically a Passport or Driving Licence) and evidence of address (typically a Bank Statement less than 3 months old).

Evidence of source of funds is also required in accordance with the money laundering regulations as conveyancers are obliged to check that the funds you are using to acquire a property (whether it be the deposit for exchange or the total purchase price where you are buying mortgage free) has come from legitimate source (such as an inheritance) and is not the fruits of criminal behaviour.

My home in Canvey Island is up for sale and I have accepted an offer. Does the conveyancing practitioner need to be required to be on the Virgin Money conveyancing panel in order to deal with paying off my mortgage?

Ordinarily, even if your lawyer is not on the Virgin Money conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.

I just acquired a property at auction in Canvey Island. Conveyancing is necessary. What is next?

Now that you have exchanged you must choose a conveyancing practitioner quickly as you are facing a pending a fixed date to complete the property. An auction property should have an associated legal pack. This will likely include most,if not all of the paperwork that your conveyancer will need. In the case of leasehold property the conveyancing papers should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to leasehold premises. You should give this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding in order to complete on the on the contractual date .

This question may be naive but I am unexperienced as a 1st time buyer of a ground floor flat in Canvey Island. Do I receive the keys to the property on the completion date from my solicitor? If so, I will instruct a local conveyancing solicitor in Canvey Island?

There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the completion advance to the vendor’s lawyers, and shortly after the monies have arrived, you should be able to receive the keys from the Estate Agents and move into your new home. Usually this happens between 1 and 3pm.

When it comes to mortgage companies such as Barclays, do Canvey Island solicitors have to pay a yearly amount to be on the conveyancing panel?

We are not aware of any bank fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.