We are purchasing a 3 bedroom flat in Ceredigion with a mortgage. We like our Ceredigion solicitor, however the lender says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or continue with our Ceredigion property lawyer and pay for one of their panel firms to represent them. We regard this is inequitable; are we not able to insist that the lender use our Ceredigion property lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’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 Ceredigion conveyancing lawyer to apply to be on the conveyancing panel.
My Conveyancer in Ceredigion is not listed on the Leeds Building Society Solicitor Panel. Can I still continue with my family solicitor even though they are not on the Leeds Building Society approved list?
Your options are as follows:
- Carry on with your existing Ceredigion lawyers but Leeds Building Society will need to instruct a conveyancer on their panel. This will inevitably rack up the overall conveyancing charges as well as cause frustration.
- Find an alternative practitioner to to deal with the purchase, remembering to check they are Leeds Building Society approved.
- Persuade your Leeds Building Society based solicitor to attempt to join the Leeds Building Society panel
Should my solicitor be making enquiries about flooding as part of the conveyancing in Ceredigion.
Flooding is a growing risk for conveyancers dealing with homes in Ceredigion. There are those who purchase a house in Ceredigion, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, but there are a various checks that can be undertaken by the buyer or by their conveyancers which should figure out the risks in Ceredigion. The conventional set of completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to determine whether the premises has historically flooded. If the residence has been flooded in past which is not notified by the vendor, then a purchaser could commence a legal claim for losses as a result of such an incorrect response. The purchaser’s conveyancers should also commission an enviro search. This should indicate whether there is any known flood risk. If so, additional inquiries will need to be made.
Back In 2003, I bought a leasehold flat in Ceredigion. Conveyancing and Leeds Building Society mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing practitioner in Ceredigion who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Ceredigion conveyancing lawyer to do this as it can be done on-line for less than a fiver. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Ceredigion Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
-
What restrictions exist in the Ceredigion Lease? It is important to be aware if redecorating or some other major work is due in the near future to be shared between the leaseholders and will materially increase the the maintenance charges or necessitate a one off payment. It would be sensible to enquire if there are any onerous restrictions in the lease. By way of example it is fairly common in Ceredigion leases that pets are not allowed in in a block in Ceredigion. If you love the propertyin Ceredigion yet your dog can’t make the move with you then you have a very difficult compromise.
I am due to review estimates for conveyancing in Ceredigion from numerous lawyer and decide on one. Should I tell them to hold tight until I a suitable flat to buy.
We would recommend that you only ask your solicitor to start work and submit searches once the sales memorandum has been issued by the selling agent particularly as Ceredigion conveyancing searches are not inexpensive.