Unfortunately I am unable to travel far from Pontcanna. I would like to know the reason why all Pontcanna lawyers aren't automatically on all mortgage company panels?
Even though it may seem unfair for mortgage companies to restrict who can act for them, from the public’s or lawyer’s point of view, the the contrary view is that lending institutions are increasingly anxious and feel it imperative to shield themselves from illegal activities. As a result of this concern banks have consolidated their panel of approved conveyancing lawyers to a size that they are happy to control.
We are purchasing a newbuild flat in Pontcanna with a homeloan from Alliance & Leicester .We like our Pontcanna conveyancing lawyer but Alliance & Leicester informed us his firm is not listed on their "panel". We have to appoint a Alliance & Leicester panel firm or retain our local solicitor and pay for one of their panel ones to act for them. This seems very unfair; Can we not simply insist that Alliance & Leicester use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will be on the Alliance & Leicester solicitor panel. Until recently, most banks had large numbers of law firms on their panels: a borrower could find 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 solicitors to apply to be on the conveyancing panel for Alliance & Leicester
Is there a list of Principality panel conveyancers in Pontcanna on the Building Society Association’s Website?
No. There is no such tool on the CML or Building Society Association websites. A small selection of lending institutions make their panel listings available online. Where you are in need of a Pontcanna property lawyer on the Principality please make the most of our facility.
We previously instructed conveyancers based in Pontcanna on the Nottingham solicitor panel. They have just invoiced me a further sum for handling the Nottingham mortgage. Is this an additional conveyancing fee set by Nottingham?
Provided it is contained in their Terms and Conditions or estimate then yes your lawyer may levy a fee for this. This fee is not set by Nottingham but by your Pontcanna lawyer. Numerous firms on the Nottingham panel will charge ’dealing with mortgage’ fee and others do not.
I recently had an offer agreed on a house in Pontcanna. My financial adviser suggested a lawyer. I paid an advanced payment of £225. Not long after, the lawyer contacted me embarrassingly acknowledging that they were not on the Nottingham 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 Nottingham 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 require quick conveyancing in Pontcanna as I am faced with an ultimatum to complete inside 4 weeks. A mortgage is not required. Can I avoid the conveyancing searches to save money and time?
If.Given you are not taking a mortgage you have the choice not to do searches although no conveyancer would advise that you don't. Drawing on years of experience of conveyancing in Pontcanna the following are examples of issues that can show up and adversely impact the marketability of the property: Enforcement Notices, Overdue Fees, Overdue Grants, Unadopted Roads,...
I work for a reputable estate agency in Pontcanna where we have experienced a number of flat sales jeopardised due to leases having less than 80 years remaining. I have been given contradictory information from local Pontcanna conveyancing firms. Could you confirm whether the seller of a flat can start the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Pontcanna Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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Where a Pontcanna lease has less than 80 years it will have adverse implications on the marketability of the apartment. Check with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with less than 80 years remaining means that you will almost definitely need a lease extension at some point and you need to have some idea of how much this will be. For most Pontcannalease extensions you will be be obliged to have been the owner of the property for two years before you are eligible to carry out a lease extension. Does the lease have in excess of 82 years remaining? This information is helpful as a) areas can cause problems for the building as the communal areas may begin to deteriorate where repairs remain unpaid b) if the leaseholders have a dispute with the managing agents you will want to know about it