Me and my partner are buying a 2 bedroom flat in Uxbridge with a mortgage. We like our Uxbridge solicitor, however the lender advise he's not on their "panel". It appears that we have little option but to use one of the lender panel firms or keep our Uxbridge property lawyer and pay for one of their panel ones to act for them. We regard this is unjust; are we not able to demand that the bank use our Uxbridge conveyancer ?
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. Another option that might be available is for your Uxbridge conveyancing solicitor to apply to be on the conveyancing panel.
Our Uxbridge lawyer has discovered an inconsistency between the information in the home valuation report and what is in the conveyancing documents. My solicitor informs me that he must check that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s course or action appropriate?
Your property lawyer must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
Are there restrictive covenants that are commonly identified as part of conveyancing in Uxbridge?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Uxbridge. 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 opted to have a survey carried out on a house in Uxbridge prior to appointing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies tend refuse to give a loan on such a premises.
It depends who your proposed lender is. Santander has different instructions for example to Halifax. Should you wish to call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Uxbridge. Conveyancing may be slightly more expensive based on your lender's requirements.
I have been sourcing a conveyancing solicitor in Uxbridge for my home move. Is there any facility to review a solicitor's complaints history with the legal regulator?
Members of the public may see published Solicitor Regulator Association (SRA) determinations resulting from investigations commenced on or after 1 January 2008. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator sometimes monitor call for training purposes.