My partner and I are looking to buy a house in Hampshire and are in fact using a Hampshire conveyancing firm. Within the past 48 hours our conveyancer has sent a preliminary report and documents to look through with the expectation that exchange is imminent. Norwich and Peterborough Building Society have this morning contacted us to advise us that there is now an issue as our Hampshire conveyancer is not on their approved list of lawyers. Is this a problem?
Where you are buying a property needing a mortgage it is conventional for the purchasers' solicitors to also represent the purchaser's lender. 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 solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Hampshire solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
I am selling my apartment in Hampshire. Will the conveyancing practitioner need to be on the Bank of Ireland conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Bank of Ireland 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 panel criteria fairly frequently at the moment.
Does a directory service exist listing UBS panel solicitors in Hampshire on the Building Society Association’s Website?
No. There is no such directory service on the CML or Building Society Association sites. A small selection of mortgage companies make their panel listings open the public over the internet. Where you are looking for a Hampshire property lawyer on the UBS please use our tool.
I am buying a property in Hampshire. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Leeds Building Society be concerned?
Given that your lender is Leeds Building Society your lawyer must follow the formal instructions outlined in Part two of UK Finance Lenders’ Handbook for Leeds Building Society. The CML Handbook contains minimum specifications for solar panel roof-space leases, and solicitors are required to report to Leeds Building Society where a lease fails to comply with these conditions. The requirements relate to the installation of panels on properties countrywide and is not limited to Hampshire.
I have decided to exercise my right to buy my property in Hampshire off the council. I have a mortgage agreed with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
I'm purchasing a new build house in Hampshire with the aid of help to buy. The sellers refused to reduce the amount so I negotiated 6k of additionals instead. The estate agent advised me not to tell my lawyer about the extras as it may put at risk my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My father has urged me to use his lawyers for conveyancing in Hampshire. Should I find my own property lawyer?
No doubt the best way to select a conveyancing lawyer is to seek guidance from friends or family who have actually experience in using the firm you're are thinking of instructing.