We are intending to buy a 3 bedroom flat in Downe with a mortgage. We would like to retain our Downe lawyer, however the lender says he's not on their "panel". It appears that we have little option but to use one of the lender panel conveyancing practices or keep our Downe conveyancing practitioner and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
No, not really. The mortgage offered to you 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. Another option that might be available is for your Downe conveyancing lawyer to apply to be on the conveyancing panel.
The owners of the house we are hoping to buy are using a conveyancing practitioner in Downe who has recommended a preliminary contract with a non-refundable deposit 6,000. Are such contracts recommended for Downe conveyancing transactions?
There are a couple of main downsides with executing a lock out contract (sometimes known as a shut-out contract) is that it can distract from progressing with the conveyancing work, so in the absence of it needing limited or no negotiation then it could turn out to be a cause of frustration and delay. It is not particularly popular amongst Downe conveyancing lawyers for this reason. The other main concern is the extent of the remedies available - a jilted buyer is not likely to be issued with an injunctive ruling by a court to bar the vendor disposing of the property to a third party, so the only remedy available under the contract will be the reimbursement of wasted charges and, in restricted situations, the additional payment of penalties.
Do I need to pay for insurance to cover chancel repairs when acquiring a property in Downe?
Unless a previous purchase of the property completed post 12 October 2013 you can assume that lawyers carrying out conveyancing in Downe to continue to recommend a chancel search and or insurance against a claim.
I was pointed in your direction by a number of property agents in Downe to select a conveyancer on your site. Is there a financial inducement for Estate Agents to market your services over and above alternative conveyancing organisations?
We refuse to make any referral fee for sending work in our direction. We found it would be just too difficult a fee as members of the public would think, ‘Why is the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
Are Downe conveyancing solicitors duty bound by the Law Society to issue clear conveyancing costs?
Contained within the Solicitors Code of Conduct are prescriptive rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their fees to clients.The Law Society have a practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not to be regarded as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, constitute the Law Society’s perspective of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Downe or across England and Wales.