We are intending to acquire a 1 bedroom flat in Hastings with a mortgage. We wish to retain our Hastings solicitor, however the mortgage company says she’s not on their "panel". It appears that we have little option but to appoint one of the lender panel solicitors or retain our Hastings as well as pay for one of their panel lawyers to act for them. We feel that this is inequitable; is there anything we can do?
Unfortunately,no. 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. A further alternative is for your Hastings conveyancing lawyer to apply to be on the conveyancing panel.
My son is buying a house that has just been built in Hastings with a home loan from . His conveyancer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
Having spent time researching moneysavingexpert.com for a cheap lawyer in Hastings, most comment that I should use a CQS kitemarked lawyer. Can you explain what CQS is?
Hastings Conveyancing Quality Scheme practices have achieved certification by the law Society CQS was brought about to promote high standards in the in the legal transfer of properties. CQS enables consumers to recognise solicitor firms that provide a quality residential conveyancing. Hastings is one of the many areas in England and Wales in which CQS have a presence. The conveyancing scheme obliges solicitors to undergo a strict assessment, compulsory training, self-reporting, random audits and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Legal Ombudsman.
Is it the case that all Hastings solicitor practices on the conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the approved list of solicitors they would need to be regulated by the SRA. The majority of banks do allow licenced conveyancers on their panel and in such a situation the firms would be overseen by the CLC.
I am currently in the process of buying my council flat in Hastings. I have a mortgage agreed with . Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 , you will need to appoint a solicitor on the conveyancing panel.
Intending to buy a flat in Hastings. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Hastings is on the conveyancing panel.
What can a local search inform me about the property I am purchasing in Hastings?
Hastings conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Searchflow The local search plays a central role in many a Hastings conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search should provide data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.