Me and my partner are buying a 3 bedroom apartment in Richmond with a mortgage. We have a Richmond conveyancer, however the lender says she’s not on their "panel". We have to appoint one of the bank panel conveyancing practices or keep our Richmond as well as pay for one of their panel firms to represent them. This seems very unfair; can we not insist that the lender use our Richmond ?
No, not really. Your mortgage offer 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. Another option that might be available is for your Richmond conveyancing solicitor to apply to be on the conveyancing panel.
My husband and I are acquiring a newly constructed apartment in Richmond and my conveyancer is advising me that she has to the lender to disclose incentives from the developer. I am on a tight deadline to sign contracts and I would rather not delay the conveyancing. 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 lender 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.
Me and my brother purchased a terraced Victorian house in Richmond. Conveyancing solicitor represented me and . I happened to do a free search for it on the Land Registry database and there are a couple of entries: one for freehold, another for leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Richmond and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with your conveyancing solicitor who conducted the purchase.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what should have been a straight forward, no chain conveyancing. Richmond is the location of the property. Can you offer any opinion?
Flying freeholds in Richmond are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Richmond you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Richmond may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am thinking of choosing a web based rather than a Richmond conveyancing firm. Am I making a mistake?
Advantages do exist in being able to pop in to a local Richmond conveyancing solicitor for example
- signing papers and and when necessary
- having face-to-face explanations of things you don't understand
- the ability to raise concerns if things are not going as expected
When checking estimates, look out for hidden extras. The majority decent Richmond high street solicitors give an all-inclusive figure. Many online companies seem to offer discounted prices, yet have hidden 'extras' in the in the terms and conditions.