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We are purchasing a 2 bedroom flat in Hackney with a mortgage from Whistletree. We like our lawyer but Whistletree says she’s not on their "panel". It seems we have little choice but to instruct one of the Whistletree panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Whistletree use our 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 Whistletree 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 solicitors to apply to be on the conveyancing panel for Whistletree
My partner and I intend to remortgage our maisonette with Whistletree. We have a son 18 who lives with us. The solicitor on the Whistletree conveyancing panel requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is repossessed. I have two concerns (1) Is this form unique to the Whistletree conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this giving up his rights to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Whistletree .This is solely used to protect the Whistletree if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave.
It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Whistletree had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
I require the services of a Whistletree panel solicitor in Stirling. Can you assist?
Unfortunately it’s not apparent why you need a Whistletree panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Whistletree to find out which solicitors in Whistletree are on their panel. If you do find such a firm not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site
I am trying to get my former partner taken off the mortgage deeds. Can Whistletree really insist on which solicitor I can or can not instruct?
You can use any solicitor you like but Whistletree then has the right to appoint a different solicitor to act for them at your expense. It might be more cost effective and quicker to instruct a lawyer who is on the Whistletree solicitors panel
I previously instructed online solicitors located in Bristol who are on the Whistletree solicitor panel. They have just invoiced me a separate fee of £195 for the legal aspects of the Whistletree mortgage. Is this a supplemental conveyancing fee set by Whistletree?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your solicitors can charge a fee for this. This fee is not set by Whistletree but by your lawyers. Some firms on the Whistletree will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with Whistletree. Conveyancing is new to me. 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 Whistletree you will need to appoint a solicitor on the Whistletree conveyancing panel.
After shopping around on the internet I have found a solicitor having checked that they are on the Whistletree conveyancing panel. Does my lawyer arrange the survey of the property?
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I've digested plenty of house buying,I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my solicitor - who is on the Whistletree conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Whistletree will need an independent valuation of the property. Your lawyer will not arrange this. Usually Whistletree 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.
You may wish to consider appointing your own surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
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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 postcode. As you are getting a mortgage with Whistletree you could contact your them to see if they have a list of approved surveyors.
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