Me and my partner are intending to purchase a 1 bedroom apartment in Wiltshire with a mortgage. We have a Wiltshire lawyer, however the bank says he's not on their "panel". It seems we have no option but to appoint one of the mortgage company panel solicitors or keep our Wiltshire conveyancer as well as pay for one of their panel firms to represent them. This seems very unfair; is there anything we can do?
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 Wiltshire conveyancing solicitor to apply to be on the conveyancing panel.
My solicitor has discovered a a problem with the lease for the property we are buying in Wiltshire. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer says that he must check that the lender is willing to move forward with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
I used Stirling Law a few years past for my conveyancing in Wiltshire. I now require my papers but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Wiltshire of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Should I be suspicious by estate agents that I am dealing with are suggesting an internet conveyancing firm as opposed to a local Wiltshire conveyancing firm?
As is the case with lots of service providers, often suggestions from family and friends can be extremely useful or valuable. Nevertheless there are many players in a conveyancing transaction; estate agents, mortgage brokers and banks may recommend conveyancers to use. Sometimes the solicitors might be known to one of the organisations as experts in their field, but sometimes there behind the scenes commercial relationship behind the endorsement. You have the discretion to appoint your own conveyancer. Don't forget that many banks specify a panel list of conveyancers you are obliged to use for the lender related work in your home move.
Living abroad it is not practicable to attend my Wiltshire conveyancing solicitors office to execute documents for conveyancing in Wiltshire – is this a problem?
Not a problem. Wiltshire conveyancing solicitors can conduct home moves for clients wider afield. You are unlikely to be required to attend a Wiltshire conveyancers office. They can undertake everything via phone, post and email - whatever works for you.