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My fiance and I are purchasing a 2 bedroom apartment in London with a mortgage from Earl Shilton Building Society. We like our lawyer but Earl Shilton Building Society says he's not on their "panel". We have to appoint one of the Earl Shilton Building Society panel solicitors or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Earl Shilton Building Society use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the Earl Shilton Building Society 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 lawyer to apply to be on the conveyancing panel for Earl Shilton Building Society
I am due to move into my new home next Monday. I have now been asked to send a copy of my building insurance schedule by my solicitor as as he informs me that he is duty bound to validate that it is in order for Earl Shilton Building Society. What does the insurance need to cover?
Any lawyer on the Earl Shilton Building Society conveyancing panel would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in Earl Shilton Building Society’s Part 2 requirements of the CML Handbook (last updated on Earl Shilton Building Society). Being on the Earl Shilton Building Society conveyancing panel your lawyer is expect to follow these instructions.
Are the lawyers identified as being on the Earl Shilton Building Society conveyancing panel, together with their details provided by Earl Shilton Building Society?
The firms themselves provide us confirmation that they are on the Earl Shilton Building Society conveyancing panel as opposed to being supplied with a list from Earl Shilton Building Society directly.
I am selling my house. Does my solicitor have to be on the Earl Shilton Building Society conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the Earl Shilton Building Society conveyancing panel they can still act for you on your sale. it might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently at the moment.
Do most lenders operate their own panel of solicitors?
Many lenders do operate a restricted conveyancing panel but a lot of lenders allow any solicitors to join their panel so long as they meet their criteria. Each lender sets their own criteria. For example the Earl Shilton Building Society conveyancing panel requirements are different to Earl Shilton Building Society’s conveyancing panel criteria.
I have not been happy with the level or service received from my lawyer. Is there a Earl Shilton Building Society conveyancing panel complaints department or do I complain directly to the law firm?
Complaining to Earl Shilton Building Society about their conveyancing panel is unlikely to yield much of a response. Every solicitor firm and conveyancer must have a complaints procedure. Usually one can find this information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is properly dealt with by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
I am due to exchange contracts on my flat. I had a double glazing fitted in month 6 but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Earl Shilton Building Society are being a right pain. The solicitor who is on the Earl Shilton Building Society conveyancing panel is saying indemnity insurance will be fine but Earl Shilton Building Society are requiring a building regulation certificate. Why do Earl Shilton Building Society have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Earl Shilton Building Society have referred the matter to their valuer. The reason why Earl Shilton Building Society may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.