My husband and I are planning to buy a 1 bedroom apartment in Kent with a mortgage. We like our Kent lawyer, but the bank advise she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Kent lawyer as well as pay for one of their panel ones to act for them. This seems very unfair; are we not able to require that the lender use our Kent solicitor ?
Unfortunately,no. 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 Kent conveyancing solicitor to apply to be on the conveyancing panel.
My husband and I are approaching an exchange on a flat in Kent and my parents have sent the 10% deposit to my lawyer. I am now advised that as the deposit has not come from me my lawyer needs to disclose this to my lender. I am advised that, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I advised the mortgage company concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to hold matters up?
The conveyancer is legally required to clarify with the bank to make sure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only reveal this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I have been told by my conveyancer that lack of right of way insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Kent?
The appropriate level of lack of right of way indemnity insurance should be dictated by who who your lender is. It would differ for example between Lloyds TSB Bank and Norwich and Peterborough Building Society. Conveyancing solicitors as opposed to borrowers take out such insurances.
Is it the case that all Kent solicitor firms on the UBS conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the UBS approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Many mortgage companies do allow licenced conveyancers on their panel and in such a situation the organisation would be regulated by the Council of Licensed Conveyancers.
I have decided to exercise my right to buy my property in Kent off the council. I have a mortgage offer with Principality. Conveyancing is new to me. 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 Principality, you will need to appoint a solicitor on the Principality conveyancing panel.
I am four weeks into a leasehold purchase having been referred to solicitors by the selling agent to perform conveyancing in Kent. I am not happy. Could you help me find new conveyancers?
A solicitor would need to be really poor to suggest diss instructing them. Has your mortgage offer been sent? If so you must inform them of the replacement conveyancer and get the mortgage documents are re-issued. The solicitor ideally should be on the lenders approved list to avoid supplemental costs and complications. So that should be your first question of the new lawyers. The search tool will help you find a lender approved solicitor for your home move in Kent
Our conveyancing in Kent completes this Friday, yet the person I am purchasing from has asked to vacate on the Saturday afternoon. Should I agree to such a idea?
If you require a loan then your conveyancing practitioner will demand that you have vacant possession on Friday - the mortgage company will compel it.