My husband and I are purchasing a 3 bedroom apartment in West Yorkshire with a mortgage. We would like to retain our West Yorkshire solicitor, however the mortgage company advise he's not on their "panel". It seems we have no option but to select one of the lender panel firms or continue with our West Yorkshire conveyancing practitioner and pay for one of their panel firms to represent them. This feels very unfair; can we not demand that the mortgage company use our West Yorkshire property lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your West Yorkshire conveyancing lawyer to apply to be on the conveyancing panel.
My lawyer in West Yorkshire is not on the The Royal Bank of Scotland Solicitor Panel. Is it possible for me to retain my prefered solicitor even though they are excluded from the The Royal Bank of Scotland panel?
Your options are as follows:
- Carry on with your preferred West Yorkshire lawyers but The Royal Bank of Scotland will need to instruct a conveyancer on their list of acceptable firms. This will result in additional overall legal charges as well as cause delays.
- Get an alternative practitioner to to deal with the conveyancing, not forgetting to check they are Persuade your lawyer to use their best endeavours to join the The Royal Bank of Scotland conveyancing panel
My wife and I are buying a flat in West Yorkshire. It might be a silly question but how we can trust a lawyer? At some point we have to deposit funds into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We had selected solicitors with offices in West Yorkshire on the Aldermore solicitor panel. They have just invoiced me a supplemental sum for handling the Aldermore mortgage. Is this an additional conveyancing fee specified by Aldermore?
As unfair as it may appear, as long as it’s in their Terms of Engagement or Quote then yes your property lawyer may levy a fee for this. This fee is not dictated by Aldermore but by your West Yorkshire conveyancing practitioner. Some firms on the Aldermore panel will quote ’dealing with mortgage’ fee but many practices include it on their overall fee.
I am due to exchange contracts on my apartment. I had a double glazing fitted in May 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Co-operative are being problematic. The West Yorkshire solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative 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.
My partner has suggested that I instruct his conveyancing solicitors in West Yorkshire. Should I use them?
No doubt the best way to select a conveyancing lawyer is to get recommendations from friends or family who have actually previously instructed the firm that you are are thinking of instructing.
How and when do I cover the costs of stamp duty chargeable for my conveyancing in West Yorkshire?
Your property lawyer should complete a Land Transaction Return Form for you as part of your West Yorkshire purchase transaction for you to sign. After completion your lawyer will submit your Land Transaction Return Form to the Tax Authorities and - assuming they have the money - settle any tax bill liability on your behalf.