We are purchasing a 2 bedroom apartment in Garston with a mortgage. We have a Garston lawyer, but the lender says she’s not on their "panel". We have to appoint one of the bank panel firms or continue with our Garston solicitor and pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Garston conveyancing lawyer to apply to be on the conveyancing panel.
We wanted to use a conveyancing solicitor in Garston for our house purchase. Our broker informed us that our mortgage lenders Platform Home Loans Ltd won't deal with them. Surely this is unfair competition?
Pre- 2008 most mortgage companies had an appetite for risk which was higher than today. Almost all Garston conveyancing firms would have been on many mortgage company panels. The FSA in 2010 carried out a thematic investigation into mortgage fraud which come to the conclusion: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more information from law firms relating to their operations and their employees and set certain criteria such a completing on a minimum number of conveyancing. Many Garston conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Garston is amongst the numerous locations where the solicitors we recommend are are authorised to act for Platform Home Loans Ltd.
We are purchasing a apartment in Garston. I might seem paranoid but how we can trust a lawyer? At some point we will need to send our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am assisting my sister sell her property in Garston. Will the conveyancing solicitor order the energy assessment or do I organise this?
Following the abolition of HIPs, EPC’s became a mandatory component of selling a house. An energy performance certificate should be commissioned prior to the property being put on the market. It is not as aspect of the sale process that conveyancers ordinarily arrange. If you are using a Garston conveyancing solicitor they may be willing to arrange EPC’s due to their relationships with long established Garston energy assessors
HSBC have agreed my home loan in principle, my bid on a flat in Garston has been accepted, what are the next steps?
Your property agent will want to be advised as to your property lawyer's details (ensure that the conveyancers are on the bank’s approved list). Telephone HSBC or your financial adviser and finish off any relevant paperwork. HSBC will appoint a valuer who will get in contact with the estate agent or owners to arrange a time for the valuation to take place. Once carried out (assuming no problems) it takes approximately a fortnight to receive the mortgage offer. HSBC will issue the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Garston.
How does conveyancing in Garston differ for newly converted properties?
Most buyers of new build or newly converted property in Garston approach us having been asked by the developer to sign contracts and commit to the purchase even before the residence is built. This is because new home sellers in Garston 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 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 Garston or who has acted in the same development.
Due to sign contracts shortly on a ground floor flat in Garston. Conveyancing solicitors assured me that they report fully within the next couple of days. Are there areas in the report that I should be focusing on?
Your report on title for your leasehold conveyancing in Garston should include some of the following:
-
Where does the liability rest to repair and maintain the building. It is essential that you know who is responsible the repair and maintenance of all parts of the block and estate specifics of the parties to the lease, e.g. these could be the lessee, head lessor, landlord Additions to the flat Are you allowed to have a pet in the flat? Repair and maintenance of the flat
Garston Leasehold Conveyancing - Sample of Queries Prior to buying
-
How many years are left on the lease? Please note if it is no more than 80 years it will have adverse implications on the value of the flat. It is worth checking with your bank that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will almost definitely need a lease extension at some point and it is worth finding out how much this will be. For most Garstonlease extensions you would need to own the premises for two years before you are entitled to carry out a lease extension. The prefered form of lease structure is if the freehold title is owned by the leaseholders. In this scenario the leaseholders benefit from control and although a managing agent is frequently employed where it is larger than a house conversion, the managing agent acts for the leaseholders themselves.