I am selling my maisonette in Leicester and the EA has just text me to advise that the buyers are changing their law firm. The excuse is that the lender will only engage with property lawyers on their approved list. Why would a big named mortgage company only deal with specific solicitors rather the firm that they want to appoint for their conveyancing in Leicester ?
Mortgage companies have always had panels of law firms they are content to work with, but in recent years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for decades.
Lending institutions blame a rise in fraud as the reason for the cull – criteria have been tightened as a smaller panel is easier to maintain. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
My partner and I are acquiring a newly built duplex in Leicester and my solicitor is informing me that she is duty bound to the mortgage company to reveal incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your . A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Are there restrictive covenants that are commonly identified during conveyancing in Leicester?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Leicester. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am purchasing my first flat in Leicester with a mortgage from . The developers would not budge the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent told me not inform my conveyancer about this side-deal as it could jeopardize my loan with . Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Should I be concerned by brokers that I am dealing with are encouraging me to use a factory type conveyancing firm rather than a local Leicester conveyancing firm?
As with many service providers, often suggestions from family and friends can be extremely useful or valuable. Nevertheless there are lots of parties with a keen interest in a conveyancing matter; estate agents, mortgage brokers and lenders might all suggest solicitors to select. Sometimes these conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there exists a commercial relationship behind the recommendation. You are free to choose your preferred conveyancer. However, bear in mind that many banks specify a panel list of conveyancers you are obliged to use for the lender related work in your home move.