I am progressing with the sale of my flat in Epsom and the estate agent has just called to warn that the buyers are appointing a new conveyancer. The excuse is that the mortgage company will only engage with solicitors on their approved list. Why would a big named mortgage company only engage with specific solicitors rather the firm that they want to appoint for their conveyancing in Epsom ?
Mortgage companies have always had an approved set of law firms they are willing to work with, but in recent years big names such as HSBC, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for over 25 years.
Lending institutions blame a rise in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to oversee. Banks tend not to disclose 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. Some 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 not going to have any impact on this.
What is the first thing I need to know regarding purchase conveyancing in Epsom?
You may not hear this from too many lawyers but conveyancing in Epsom and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there exists an abundance of room for confrontation between you and others involved in the transaction. For example, the vendor, estate agent and on occasion your bank. Choosing a lawyer for your conveyancing in Epsom is a critical decision as your conveyancer is your adviser, and is the ONE person in the transaction whose interest is to act in your best interests and to protect you.
Every so often a potential adversary may try and sway you that it is in your interests to do things their way. For instance, the property agent may claim to be helping by suggesting your solicitor is wrong. Or your financial adviser may try to convince you to do something that is against your lawyers guidance. You should always trust your lawyer above all other parties in the conveyancing process.
If you had a top tip for choosing a conveyancing solicitor in Epsom what would it be?
We would encourage you not to base your choice on the cheapest Epsom conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
I am assisting my sister sell her flat in Epsom. Will the conveyancing solicitor order the energy performance certificate or should I organise this?
After the demise of Home Information Packs, energy assessments became a mandatory component of moving property. An energy assessment must be to hand before the property is advertised. This is not a task that lawyers ordinarily arrange. If you are instructing a Epsom conveyancing lawyer they may be able to arrange energy assessments given their contacts with reputable local providers
I am expecting a DIP from Co-operative this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Co-operative recommend any Epsom solicitors on the Co-operative conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Epsom solicitors independently although you'll need to choose one on the Co-operative conveyancing panel. The solicitor represents both you and Co-operative through the process.
Just bought a terraced house in Epsom , how long should it take for the Land Registry to register the transfer to my name? My Epsom conveyancing solicitor works at snail pace, so I want to be sure that my name is recorded.
There is nothing unique about conveyancing in Epsom registration formalities. As opposed to being determined by geographic area, timescales can differ subject to who lodges the application, whether there are errors and if the Land registry communicate with any 3rd parties. As of today approximately 80% of submission are completed within 12 days but occasionally there can be extensive delays. Registration takes place after the buyer is living at the premises therefore registration formalities is not typically an essential issue yet where there is a degree of urgency associated with the registration then you or your conveyancer must communicate with the Registry to express the reasoning for an expedited registration.
I have been sourcing a conveyancing solicitor in Epsom for my house move. Is it possible to see a solicitor's complaints history with the profession’s regulator?
One can see documented Solicitor Regulator Association (SRA) determinations stemming from inquisitions from 2008 onwards. Visit Check a solicitor's record. To find information about the period before 1 January 2008, or to check a solicitors history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The regulator sometimes monitor call for training reasons.
I have instructed a Epsom conveyancing solicitor for our home move (FTB’s) and have picked up in the terms and conditions that they are not covered by the Financial Conduct Authority. Need I be concerned or is that standard with property lawyer?
We can't see why they should be. Most solicitor don't lend money. They should be regulated by the Solicitors Regulation Authority, who dictate strict stipulations regulating funds deposited on client account.