Frequently asked questions relating to the Better HomeOwnership Solicitor Panel from members of the public
My fiance and I are FTBs. Within the 48 hours our lawyer has forwarded the sale agreement to sign with a detailed report with the expectation that exchange is imminent. Better HomeOwnership have this evening contacted us to inform me that they have now hit a problem as our solicitor is not on their conveyancing panel. Is this a problem?
If you are buying a property with the assistance of a mortgage it is usual for the purchaser's solicitors to also act for the purchaser's lender.
In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyers should contact Better HomeOwnership and see if they can apply for membership of the Better HomeOwnership conveyancing panel, but if that is not viable Better HomeOwnership will instruct their own solicitors to act. You don't have to instruct a firm on the Better HomeOwnership conveyancing panel and you may continue to use your own solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
I do hope you can help me. My conveyancer is assuring me that he has to order a Local Authority search as the firm are on the Better HomeOwnership solicitor panel. Is my lawyer correct?
You have limited options available to you. As you are taking a mortgage with Better HomeOwnership your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of Better HomeOwnership’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated Better HomeOwnership. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
How up to date is your database of lawyers on the Better HomeOwnership conveyancing panel? Do Better HomeOwnership send you an updated list?
The law firm practices themselves provide us confirmation that they are on the Better HomeOwnership conveyancing panel as opposed to being supplied with a list from Better HomeOwnership directly.
I am purchasing a new build flat and getting a mortgage with Better HomeOwnership. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing you will have to appoint a solicitor on the Better HomeOwnership conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to made in you doing to conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on the Better HomeOwnership conveyancing panel in your location.
I am currently in the process of buying my council flat. I have a mortgage agreed with Better HomeOwnership. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event if you are getting a mortgage with Better HomeOwnership you will need to appoint a solicitor on the Better HomeOwnership conveyancing panel.
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date . I have telephoned Better HomeOwnership on various occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Better HomeOwnership conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the Better HomeOwnership panel she or he must comply with the CML Handbook requirements for Better HomeOwnership. Unless your lawyer obtains specific confirmation in writing that Better HomeOwnership 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 Better HomeOwnership to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.
My ex -wife’s name is on the Better HomeOwnership mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Better HomeOwnership mortgage in order to sell?
As regards the Better HomeOwnership mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Better HomeOwnership in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.