Me and my partner are purchasing a 2 bedroom apartment in Worsley with a mortgage. We like our Worsley lawyer, however the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel firms or continue with our Worsley property lawyer as well as pay for one of their panel firms to represent them. We regard this is inequitable; are we not able to demand that the lender use our Worsley 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 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. Another option that might be available is for your Worsley conveyancing solicitor to apply to be on the conveyancing panel.
I require conveyancing for a flat in a relatively new development (five years built) in Worsley. Almost all the properties are already sold. Is it strictly necessary to order local searches for my conveyancing in Worsley?
You would be opening yourself up to an unnecessary risk in not carrying out Worsley conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal requirement to have them, but we would absolutely advise in no uncertain terms that you have them. Where time pressures and driving down costs are top of your issues you should consider with your conveyancer about the possibility of search insurance
I am buying a new build flat in Worsley. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Worsley you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Worsley.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Worsley?
There are two types of lawyers who can conduct conveyancing in Worsley namely licenced conveyancers or solicitors. The two can administer the legal services that required to complete the sale or acquisition of property. They are both obliged to execute Worsley conveyancing to the same standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally conducted and that all necessary steps will be accurately attended to.
I am purchasing a property in Worsley. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
As your lender is Clydesdale your lawyer must comply with the formal instructions set out in Part 2 of UK Finance Lenders’ Handbook for Clydesdale. The Council of Mortgage Lenders’ Handbook includes minimum conditions for solar panel roof-space leases, and property lawyers are required to report to Clydesdale where a lease fails to satisfy these specifications. The provisions relate to the installation of panels on properties countrywide and is not limited to Worsley.
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Worsley bank branch on various occasions and was told they are content with the situation and they will lend. My Worsley conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Provided that the lawyer is on the bank approved list, she or he must follow the Council of Mortgage Lenders’ Handbook requirements for the 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 left on the lease.
Due to the input of my in-laws I had a survey completed on a house in Worsley in advance of appointing solicitors. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some mortgage companies tend refuse to issue a loan on such a property.
It varies from the lender to lender. Lloyds has different requirements from Halifax. If you e-mail us we can look into this further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Worsley. Conveyancing will be smoother if you use a solicitor in Worsley especially if they are acquainted with such properties in Worsley.