My husband and I are purchasing a 1 bedroom flat in Hythe with a mortgage. We like our Hythe solicitor, however the lender says she’s not on their "panel". It appears that we have no option but to select one of the bank panel firms or continue with our Hythe property lawyer and pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
No, not really. 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 Hythe conveyancing lawyer to apply to be on the conveyancing panel.
If you had a top tip for selecting a conveyancing solicitor in Hythe what would it be?
Do not opt for the lowest Hythe conveyancing fees. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of time.
My stepmother informed me that in buying a property in Hythe there may be a number of restrictions as to what one can do in terms of external alterations to the property. Is this right?
We are aware of anumerous of properties in Hythe which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Hythe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
After much negotiation I have agreed a price on a house in Hythe. My mortgage broker pressured me to appoint their property lawyer. I paid an on account payment of £150. A few days later, the conveyancing practitioner called me to say that they were not on the Leeds Building Society conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Leeds Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I acquired my house on 12 February and my personal details is not yet on the land registry website. Any reason for this? My conveyancing solicitor in Hythe said it would be dealt with inside ten days. Are transfers in Hythe uniquely lengthy to register?
There is nothing unique when it comes to conveyancing in Hythe registration formalities. Rather than based on location, timescales can adjust subject to who lodges the application, whether there are errors and if the Land registry communicate with any interested parties. As of today in the region of 80% of such applications are completed within 12 days but some can be subject to protracted hold-ups. Historically registration takes place once the purchaser has moved in to the property therefore an expedited registration is not always an essential issue yet if it is urgent that the the registration takes place urgently then you or your lawyers could communicate with the Registry to express the reasoning for an expedited registration.
How does conveyancing in Hythe differ for new build properties?
Most buyers of new build property in Hythe come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is constructed. This is because developers in Hythe usually buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Hythe or who has acted in the same development.
I decided to have a survey done on a property in Hythe ahead of instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies tend not grant a loan on this type of house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you call us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hythe. Conveyancing may be slightly more expensive based on your lender's requirements.