I am obtaining a offer of a home loan from Santander. I intend to instruct a Licensed Conveyancer in Haverfordwest. Does the Santander Conveyancing panel exclude conveyancers regulated by the CLC?

The Santander conveyancing panel is, like many other lenders, associated to the Council or Mortgage Lenders or BSA, open to Licensed Conveyancers regulated by the CLC.

My lawyer has identified a a problem with the lease for the apartment we are purchasing in Haverfordwest. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will pay for it. Our property lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the lender?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.

Are all Haverfordwest Conveyancing Quality Solicitors on the Leeds Building Society conveyancing list of approved practices?

It is true that some lenders now make use of CQS as the starting point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.

I am selling my house. I had a double glazing fitted in February 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Leeds Building Society are being a right pain. The Haverfordwest solicitor who is on the Leeds Building Society conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Leeds Building Society are requiring a building regulation certificate. Why do Leeds Building Society have a conveyancing panel if they don't accept advice from them?

It is probably the case that Leeds Building Society have referred the matter to their valuer. The reason why Leeds Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Yorkshire BS have agreed my home loan in principle, my bid on a house in Haverfordwest has been accepted, what are the next steps?

The property agent will wish to know who your solicitors are (be sure the conveyancers are on the bank’s approved list). Contact Yorkshire BS or your financial adviser and finalise any relevant paperwork. Yorkshire BS will appoint a valuer who will get in touch with the selling agent or seller to book an appointment. Once conducted (assuming no problems) it takes on average a week for the mortgage offer to be issued. Yorkshire BS will issue the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in Haverfordwest.

Will our conveyancer be raising questions regarding flooding as part of the conveyancing in Haverfordwest.

Flooding is a growing risk for conveyancers dealing with homes in Haverfordwest. There are those who buy a house in Haverfordwest, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to give advice on flood risk, however there are a various checks that can be initiated by the purchaser or by their lawyers which should give them a better understanding of the risks in Haverfordwest. The standard information supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to find out whether the property has ever been flooded. If flooding has previously occurred and is not revealed by the owner, then a buyer could bring a legal claim for losses as a result of such an inaccurate reply. The purchaser’s conveyancers may also order an enviro search. This should higlight whether there is a recorded flood risk. If so, further inquiries will need to be initiated.

Just had an offer accepted on a new build apartment in Haverfordwest. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Haverfordwest

Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.