We are buying a 1 bedroom flat in Hillsborough with a mortgage. We would like to retain our Hillsborough conveyancer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the bank panel firms or retain our Hillsborough as well as pay for one of their panel firms to represent them. We regard this is inequitable; can we not demand that the mortgage company use our Hillsborough ?
No, not really. The mortgage offered to you 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 Hillsborough conveyancing lawyer to apply to be on the conveyancing panel.
I do hope you can assist me. My Hillsborough conveyancer is informing me me that he is legally obliged toconduct Hillsborough conveyancing searches becausethe firm are on the Santanderconveyancing panel. Do I not have a choice here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a lender your has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Hillsborough conveyancing searches.
What does my ID and proof of funds have anything to do with my conveyancing in Hillsborough? Why is this being asked of me?
Anti-terror and anti-money-laundering regulations require solicitors and licensed conveyancers to verify the identity of the potential client they are dealing with prior to agreeing to accepting their conveyancing instruction. The Terms of Engagement that you need to sign should confirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. If you refuse to provide ID verification documents, your lawyer would not be able to act for you.
My partner and I are close to exchanging contracts on the sale of our home in Hillsborough and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Hillsborough conveyancer would know that there is no such problem. It does beg the question why the buyers instructed an online conveyancing practice rather than a conveyancing solicitor in Hillsborough. We have lived in Hillsborough for three years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to obtain clarification that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
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