I am nearing exchange of contracts for my home in Lees and the EA has just telephoned to warn that the buyers are appointing a new property lawyer. I am told that this is due to the fact that the bank will only work with solicitors on their conveyancing panel. On what basis would a big named mortgage company only work with specific law firms rather the firm that they want to appoint to handle their conveyancing in Lees ?
Lenders have always had panels of law firms that can represent them, but in the last few years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Lending institutions point to the increase in fraud as the reason for the reduction – criteria have been stiffened as a smaller panel is easier to keep an eye on. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any sway in the decision.
Last July we completed a house move in Lees. We have since encountered a number of issues with the property which we suspect were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Lees?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Lees. Conveyancing searches and investigations initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a property owner fills in a document called a Seller’s Property Information Form. answers turns out to be incorrect, you could possibly take legal action against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Lees.
Are the BSA planning on creating a online directory to to identify law firms on the Earl Shilton BS conveyancing panel for example in Lees?
We have not been informed any intention on the part of the BSA to promote such a search facility.
My colleague suggested that if I am purchasing in Lees I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is occasionally included in the estimate for your Lees conveyancing searches. It is not a small report of about 40 pages, listing and setting out important information about Lees around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Lees Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with plans and statistics, Local Amenities and other useful information about Lees.
I used Stirling Law several years past for my conveyancing in Lees. I now require my papers however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Lees of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.