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I need to swap lawyers as my lawyer is not on the Sainsburys Bank panel of conveyancing solicitors. Is it advisable to appoint a new law firm?
If you haven't yet instructed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer you're considering.
I am buying a newly built apartment and my solicitor is informing me that she is duty bound to reveal incentives from the developer as her firm is on the Sainsburys Bank conveyancing panel. I am under pressure to sign contracts and my preference is not to delay the conveyancing. Can I insist on an exchange regardless of what my lawyer says about being on the Sainsburys Bank panel?
You should not exchange unless you have advised to do so by your lawyer. A precondition to being on the Sainsburys Bank approved panel is to comply with the CML Handbook requirements (last updated for this lender on Sainsburys Bank). The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I note that you have a post code search directory listing law firms on the Sainsburys Bank conveyancing panel. Do firms pay you a referral fee if I appoint them for my own house purchase?
We are a listing service only for law firms wishing to communicate if they are on the Sainsburys Bank conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
My conveyancers in London have advised me that they can not locate my conveyancing file. At the time of my purchase I took out a mortgage with Sainsburys Bank. Is it case that being on the Sainsburys Bank conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Sainsburys Bank Conveyancing Panel Terms. It might be worth you contacting Sainsburys Bank directly.
I am buying a property where the roof has a solar panel. Sainsburys Bank have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Sainsburys Bank your lawyer must to check the Sainsburys Bank conveyancing instructions contained in the Part of CML Handbook for Sainsburys Bank . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to Sainsburys Bank where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. Requirements for Scotland are due in the near future.
In what circumstances might Sainsburys Bank amend or withdraw their mortgage offer?
Banks and Building Societies such as Sainsburys Bank can revoke their mortgage offer although this is unusual. If Sainsburys Bank withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are various possible reasons but here are a few examples:
  • Where information comes to Sainsburys Bank ‘s attention regarding the customers or the security that they were not aware of prior to offer that affects their original decision to lend
  • Sainsburys Bank may amend or withdraw an offer if the Sainsburys Bank conveyancing panel solicitor is unable to confirm compliance with any of the conditions of the mortgage offer or if any of the terms of the mortgage offer cannot be satisfied
  • Situations where information provided by the borrower that enabled the lender to make a lending decision is fraudulent, incorrect or misleading.
  • Where the purchase price and borrowers direct contribution differ to details on the mortgage application form completed by the borrower
  • Where the lender has to take account a recent change in taxation
I am currently in the process of buying my council flat. I have a mortgage agreed with Sainsburys Bank. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Sainsburys Bank you will need to appoint a solicitor on the Sainsburys Bank conveyancing panel.