We are planning to acquire a 2 bedroom flat in Moreton with a mortgage. We would like to retain our Moreton lawyer, however the bank advise he's not on their "panel". We have to appoint one of the bank panel firms or keep our Moreton solicitor and pay for one of their panel firms to act for them. We consider that this is inequitable; is there anything we can do?
Unfortunately,no. Your mortgage offer 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. A further alternative is for your Moreton conveyancing lawyer to apply to be on the conveyancing panel.
The sellers of the house we are looking to purchase have appointed a conveyancing firm in Moreton who has suggested a preliminary agreement with a non-refundable deposit 10k. Is it wise to enter into such agreements?
This kind of arrangement is not the norm in Moreton, conveyancers will often direct clients away from them as they divert attention from the main conveyancing focus and if you end up having your deposit forfeited then the solicitor at best left with an upset client and at worst a litigious one. Furthermore, there is no certainty that just because the vendor has entered into a lock out agreement they will complete the sale with you. They may be in contravention of the agreement if they are offered a big enough incentive to do so because an aggrieved buyer with the benefit of a lockout agreement will still be legally obliged to establish consequential losses from the breach and this may not compare to the extra amount that your seller may gain by breaking the contract, no matter how morally shameful that may be.
What is the difference between a licensed conveyancer and conveyancing solicitor in Moreton
There are two types of lawyers who can do conveyancing in Moreton namely licenced conveyancers or solicitors. Both professionals provide the legal services that you need to complete the disposal or acquisition of property. They are both obliged to execute Moreton conveyancing on similar quality and guidelines so you can be sure that your conveyancing will be properly carried out and that all requisite procedures should be appropriately adhered to.
My partner and I have arranged a further advance on our mortgage from Co-operative as we intend to conduct a loft conversion to our home in Moreton. Do we need to choose a local Moreton solicitor on the Co-operative conveyancing panel to handle the paperwork?
Co-operative don't usually instruct a member of their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Co-operative panel.
My fiancee and I are in the throws of looking at flats in Moreton and I am about to put in an offer. Should I already have a conveyancer appointed at this stage? I will be getting a home loan with Leeds Building Society.
You should start obtaining conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. Given that you are obtaining a mortgage with Leeds Building Society, ask your prospective lawyers if they are on the Leeds Building Society conveyancing panel otherwise they can't do the mortgage legal work.
Are there restrictive covenants that are commonly identified as part of conveyancing in Moreton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Moreton. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I'm buying a new build house in Moreton with a mortgage from Britannia. The sellers would not move on the amount so I negotiated £7000 of fixtures and fittings instead. The estate agent suggested that I not disclose to my lawyer about the deal as it could impact my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.