I am in the process of selling my house in Surrey and the estate agent has just telephoned to warn that the purchasers are changing their property lawyer. I am told that this is due to the fact that the bank will only deal with property lawyers on their conveyancing panel. On what basis would a leading lender only work with specific lawyers rather the firm that they want to appoint to handle their conveyancing in Surrey ?
Lenders have always had an approved set of law firms that can represent them, but in the past few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Lenders point to the increase in fraud as the reason for the pruning – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The buyers are unlikely to have any sway in the decision.
Is it correct that all Surrey CQS (Conveyancing Quality Scheme) solicitors are on the RBS conveyancing list of approved practices?
It is true that some lenders now use CQS as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their approved list of conveyancing solicitors.
Intending to buy a house in Surrey. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the HSBC conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Surrey conveyancer is on the HSBC conveyancing panel.
RBS have agreed my mortgage in principle, my offer on a flat in Surrey has been agreed to, what are the next steps?
Your estate agent will need to know who your solicitors are (ensure that the conveyancers are on the lender’s approved list). Call up RBS or your financial adviser and finish off any appropriate documentation. RBS will appoint a valuer who will get in contact with the estate agent or vendor to book an appointment. Once conducted (assuming no problems) it takes approximately ten days for the mortgage offer to be issued. RBS will send the offer to you and your lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Surrey.
four months have gone by since my purchase conveyancing in Surrey took place. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I am buying a new build flat in Surrey. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Surrey
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Please confirm the Lease plans are architect prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Over the last few months I have been searching for a ground for flat up to £305k and found one close by in Surrey I like with a park and station nearby, the downside is that it only has 51 years on the lease. I can't really find anything else in Surrey suitable, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you require a mortgage the shortness of the lease will likely be an issue. Discount the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of twenty four months you could ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor concerning this.