My wife and I are planning to acquire a home in Pembroke and are in fact using a Pembroke conveyancing practice. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Halifax have this evening contacted us to advise us that they have now hit a problem as our Pembroke lawyer is not on their approved list of lawyers. What do we do from here?
Where you are buying a property needing a mortgage it is standard for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Pembroke solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
What is the first thing I need to know concerning purchase conveyancing in Pembroke?
Not many law firms shout this from the rooftops but conveyancing in Pembroke and elsewhere in England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is an abundance of opportunity for friction between you and others involved in the legal transfer of property. E.g., the vendor, selling agent and on occasion a mortgage company. Selecting a lawyer for your conveyancing in Pembroke is a critical decision as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to protect your legal interests and to keep you safe.
We are witnessing a definite emergence in the "blame" culture- someone has to be at fault for the process taking so long. We recommend that you must always trust your conveyancer ahead of all other players in the home moving process.
I am helping my niece sell her flat in Pembroke. Does the solicitor order the energy performance certificate or do I organise this?
Following the demise of HIPs, energy assessments was retained a mandatory component of moving house. An EPC needs to be to hand prior to the property being put on the market. It is not something that law firms normally arrange. Where you are using a Pembroke conveyancing lawyer they may be able to arrange energy performance certificates due to their contacts with reputable Pembroke providers
We have agreed to purchase a house in Pembroke. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Nationwide be concerned?
Given that your lender is Nationwide your lawyer must comply with the formal requirements contained in Section 2 of UK Finance Lenders’ Handbook for Nationwide. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and solicitors are required to report to Nationwide where a lease does not meet these requirements. The specifications relate to the installation of panels on properties in England and Wales and is not restricted to Pembroke.
It is not clear whether my lender requires a lease extension. I have telephoned my Pembroke building society branch on numerous occasions and was told it wasn't an issue and they would lend. My Pembroke conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their specific requirements. I simply don't know who is right.
Your solicitor has to follow the CML Handbook Part 2 provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I am looking into buying my first house which is in Pembroke and I am already nervous. I couldn't find anything specific about Pembroke. Conveyancing will be needed in due course but do you know about the Pembroke area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Pembroke. In the meantime here are some basic statistics that we found
My brother has suggested that I appoint his lawyers for conveyancing in Pembroke. Do I follow his guidance?
Much as we are happy to recommend a Pembroke conveyancing lawyer the best way to choose a conveyancing practitioner is to get feedback from friends or family who have actually previously instructed the conveyancer that you are contemplating using.