My wife and I are planning to purchase a 1 bedroom apartment in Chapel Allerton with a mortgage. We have a Chapel Allerton lawyer, but the bank says she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Chapel Allerton and pay for one of their panel ones to act for them. This seems very unfair; are we not able to insist that the mortgage company use our Chapel Allerton ?
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 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. Another option that might be available is for your Chapel Allerton conveyancing lawyer to apply to be on the conveyancing panel.
I am selling our home in Chapel Allerton and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. A local conveyancer would know that there is no such problem. It does beg the question why the purchasers are using a nationwide conveyancing firm rather than a conveyancing solicitor in Chapel Allerton. Having lived in Chapel Allerton for three years we know that this is a non issue. Do we contact our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
How does conveyancing in Chapel Allerton differ for newly converted properties?
Most buyers of new build residence in Chapel Allerton contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is built. This is because house builders in Chapel Allerton usually buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Chapel Allerton or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Chapel Allerton is the location of the property. Can you offer any assistance?
Flying freeholds in Chapel Allerton are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Chapel Allerton you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chapel Allerton may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
My step-father has urged me to instruct his conveyancers in Chapel Allerton. Do I follow his advice?
No doubt it’s preferable to choose a conveyancing lawyer is to get feedback from friends or family who have previously instructed the firm that you are contemplating using.