My husband and I are buying a 3 bedroom flat in Winchcombe with a mortgage. We wish to retain our Winchcombe conveyancer, however the mortgage company advise he's not on their "panel". It seems we have little choice but to appoint one of the bank panel firms or keep our Winchcombe conveyancer as well as pay for one of their panel firms to act for them. We consider that this is inequitable; is there anything we can do?
No, not really. Your mortgage offer 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 Winchcombe conveyancing solicitor to apply to be on the conveyancing panel.
My property lawyer in Winchcombe is not listed on the Halifax Conveyancing Panel. Can I still continue with my family solicitor even though they are not on the Halifax panel of approved conveyancing solicitors?
The limited options open to you here include:
- Carry on with your existing Winchcombe solicitors but Halifax will need to instruct a solicitor on their panel. This will inevitably rack up the total conveyancing fees and cause frustration.
- Get an alternative lawyer to to deal with the conveyancing, remembering to check they are on the Halifax panel
My wife and I are buying a house in Winchcombe. It might be a silly question but how we can trust a conveyancer? At some point we will need to deposit money into their account. What protection do we have from them run away with our deposit?
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.
My conveyancer has informed me that flying freehold insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Winchcombe?
The appropriate level of flying freehold indemnity insurance should be dictated by who your lender. It would differ for example between Birmingham Midshires and Barnsley Building Society. Conveyancing lawyers as opposed to members of the public take out such policies.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Winchcombe solicitor - who is on the Nationwide conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Winchcombe postcode. As you are getting a mortgage with Nationwide, you could contact them to see if they have a list of approved surveyors in Winchcombe.
How does the Landlord & Tenant Act 1954 affect my commercial property in Winchcombe and how can you help?
The particular law that you refer to gives security of tenure to commercial lessees, giving them the a statutory right to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and assist with commercial conveyancing in Winchcombe
Is it best to go with a Winchcombe conveyancing practitioner who is local to the property I am hoping to buy? I have an old university friend who can carry out the conveyancing but her office is over three hundred miles away.
The benefit of a high street Winchcombe conveyancing practice is that you can attend the office to execute paperwork, present your ID and pester them if necessary. They will also have local intelligence which is a bonus. However it's more important to get someone that will pull out all the stops for you. If you know people who used your friend and in the main were content that must trump using an unfamiliar Winchcombe conveyancing solicitor just because they are local.