My wife and I are buying a 3 bedroom apartment in Herefordshire with a mortgage. We like our Herefordshire solicitor, but the bank says he's not on their "panel". It seems we have little choice but to select one of the lender panel conveyancing practices or retain our Herefordshire solicitor and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer 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 Herefordshire conveyancing solicitor to apply to be on the conveyancing panel.
What happens if my solicitor is expelled from the Nationwide Conveyancing panel ahead of completing my conveyancing in Herefordshire?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
What can a local search tell me about the house I am buying in Herefordshire?
Herefordshire conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search company for instance Searches UK The local search plays a central role in many a Herefordshire conveyancing purchase; that is if you don’t want any nasty once you have moved into your property. The search should provide information on, amongst other things, details on planning applications relevant to the property (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 thirteen subject sections.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Herefordshire is where the house is located. Is there any advice you can give?
Flying freeholds in Herefordshire are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Herefordshire you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Herefordshire may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
What does commercial conveyancing in Herefordshire cover?
Herefordshire conveyancing for business premises covers a wide array of services, offered by qualified solicitors, relating to business premises. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.