I do hope you can help me. My Whetstone conveyancer is assuring me that he has toapply for Whetstone conveyancing searches becausethe firm are on the Nat Westconveyancing panel. Do I not have a choice here?
Unfortunately both you and your lawyer have little choice here. As you are taking a home loan with a mortgage company your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Whetstone conveyancing searches.
We are purchasing a apartment in Whetstone. It might be a silly question but how we can trust a conveyancer? On completion day we have to put our life savings into their account. What protection do we have from them run away with our money?
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.
I'm spending time viewing houses in Whetstone and I am about to put in an offer. Is it advisable to have my conveyancing practitioner on ‘stand by’? I will be getting a home loan with RBS.
It would be prudent to instigate your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. As you are obtaining a mortgage with RBS, make sure you remember to check that your lawyer is on the RBS conveyancing panel.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Whetstone building society branch on various occasions and was told it does not affect the mortgage offer and they would lend. My Whetstone conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
The property lawyer has to comply with the CML Handbook Part 2 requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should our lawyer be raising enquiries concerning flooding as part of the conveyancing in Whetstone.
Flooding is a growing risk for solicitors conducting conveyancing in Whetstone. There are those who buy a property in Whetstone, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Whetstone. The conventional set of information supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the seller to discover if the property has suffered from flooding. If the residence has been flooded in past which is not notified by the vendor, then a buyer could bring a compensation claim stemming from an incorrect answer. The purchaser’s conveyancers will also commission an environmental search. This will indicate whether there is a recorded flood risk. If so, more detailed inquiries should be made.
The deeds to our property can not be found. The lawyers who dealt with the conveyancing in Whetstone 10 years ago have long since closed. What are my next steps?
These day there are duplicates made of almost everything, and your conveyancer will be aware exactly where to find all the appropriate paperwork so you can buy or dispose of your property without a hitch. Where duplicates can’t be located, your conveyancer may be able to put in place insurance or indemnities against future claims on the property.
I have been advised by a number of estate agents in Whetstone to choose a property lawyer using your seach tool. What’s the financial advantage for Estate Agents to offer your services over a competitor’s?
We don’t offer any referral fee for pointing buyers and sellers our way. We thought it would be too underhand to pay a commission as home movers will think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.