My husband and I are purchasing a 3 bedroom flat in Sedbergh with a mortgage. We have a Sedbergh conveyancer, but the mortgage company says he's not on their "panel". We have to appoint one of the lender panel solicitors or keep our Sedbergh conveyancing practitioner and pay for one of their panel lawyers to act for them. This seems very unfair; are we not able to demand that the mortgage company use our Sedbergh conveyancing practitioner ?
Unfortunately,no. The mortgage offered to you 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 Sedbergh conveyancing solicitor to apply to be on the conveyancing panel.
My god-son is in the process of securing a house that has just been built in Sedbergh with a mortgage from RBS. His lawyer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the RBS conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the RBS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
At what point does exchange of contracts occur in sale conveyancing in Sedbergh and do I need to attend the solicitors office?
If you are round the corner to one of the conveyancing solicitors in Sedbergh you are invited in to sign documents. That being said, the firms we work with supply a countrywide conveyancing service and provide just as diligent and professional a job for you when dealing with you by post or email. The executing of the contract is not the critical part. A signed contract is necessary for the conveyancer to exchange contracts at the suitable time, which will usually be very shortly after signing. The procedure is is usually a five minute process, although where a lengthy "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Sedbergh)to be in the office at the appropriate time.
We expect to receive a AIP from Leeds Building Society this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Leeds Building Society recommend any Sedbergh solicitors on the Leeds Building Society conveyancing panel, or is it better to go independently?
You will need to appoint Sedbergh solicitors independently although you'll need to choose one on the Leeds Building Society conveyancing panel. The solicitor represents both you and Leeds Building Society through the process.
It is not clear whether my bank requires a lease extension. I have called into my local Sedbergh building society branch on a couple of occasions and was reassured it wasn't a problem and they will lend. My Sedbergh conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend in accordance with their specific requirements. I have no idea who is right.
Your property lawyer must comply with the CML Handbook section two specifications 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 selling my house. I had a double glazing fitted in April 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Yorkshire BS are being a right pain. The Sedbergh solicitor who is on the Yorkshire BS conveyancing panel is recommending indemnity insurance as a solution but Yorkshire BS are requiring a building regulation certificate. Why do Yorkshire BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Yorkshire BS have referred the matter to their valuer. The reason why Yorkshire BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
How does the Landlord & Tenant Act 1954 affect my commercial property in Sedbergh and how can your lawyers assist?
The particular law that you refer to affords protection to commercial tenants, giving them the dueness to make a request to court for a renewal lease and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and handle your commercial conveyancing in Sedbergh