I am progressing with the sale of my apartment in Kibworth Beauchamp and the EA has just called to say that the buyers are switching conveyancer. I am told that this is due to the fact that the lender will only engage with property lawyers on their approved list. Why would a big named mortgage company only work with certain lawyers rather the firm that they want to appoint for their conveyancing in Kibworth Beauchamp ?
Banks have always had panels of law firms that can represent them, but in the last few years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Mortgage companies point to the increase in fraud as the reason for the cull – criteria have been narrowed as a smaller panel is easier to monitor. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Plenty of firms do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are unlikely to have any sway in the decision.
After looking at consumer advice sites for an online solicitor in Kibworth Beauchamp, many advise that I must look for a CQS kitemarked lawyer. What is CQS?
Kibworth Beauchamp Conveyancing Quality Scheme solicitors have been granted certification under the Law Society's Scheme (CQS) CQS was created to promote high standards in the home legal process. CQS helps home movers to identify practices that provide a quality residential conveyancing. Kibworth Beauchamp is one of the many areas in England and Wales in which CQS have a presence. The scheme requires practices to undergo a strict assessment, compulsory training, self-certification, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Association of British Insurers.
My wife and I are in the throws of viewing flats in Kibworth Beauchamp and I am about to put in an offer. Should I already have a property lawyer in place at this stage? I will be getting a mortgage with Coventry BS.
You should start requesting conveyancing quotes from solicitors ASAP. 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 estate agent. As you are getting a mortgage with Coventry BS, make sure you remember to check that your lawyer is on the Coventry BS conveyancing panel.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Kibworth Beauchamp bank branch on a couple of occasions and was advised it wasn't an issue and they will lend. My Kibworth Beauchamp conveyancing solicitor - who is on the lender conveyancing panel- called to say that they would not lend in accordance with their published requirements. Who do I believe?
The conveyancing practitioner must follow the CML Handbook section two conditions for your lender. 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Kibworth Beauchamp solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC 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 Kibworth Beauchamp 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.
Should our lawyer be asking questions concerning flooding as part of the conveyancing in Kibworth Beauchamp.
Flooding is a growing risk for conveyancers carrying out conveyancing in Kibworth Beauchamp. Some people will acquire a house in Kibworth Beauchamp, completely expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, however there are a various checks that may be undertaken by the buyer or by their conveyancers which will figure out the risks in Kibworth Beauchamp. The conventional set of property information forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a standard question of the owner to determine if the premises has suffered from flooding. In the event that the property has been flooded in past and is not revealed by the seller, then a buyer may issue a compensation claim as a result of such an misleading response. A buyer’s lawyers should also order an environmental report. This will higlight if there is a recorded flood risk. If so, more detailed investigations should be initiated.
I am on look out for some leasehold conveyancing in Kibworth Beauchamp. Before I set the wheels in motion I want to be sure as to the unexpired term of the lease.
Assuming the lease is registered - and almost all are in Kibworth Beauchamp - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Kibworth Beauchamp Leasehold Conveyancing - A selection of Queries before buying
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How much is the ground rent and service charge? This question is helpful as a) areas can result in problems in the block as the common areas may begin to deteriorate where services remain unpaid b) if the leaseholders have an issue with the managing agents you will want to have complete disclosure What is the name of the managing agents?