FAQs for the Birmingham Midshires Conveyancing Panel from members of the public
My wife and I are novices when it comes to buying a property. Within the last couple of days our conveyancer has forwarded the sale agreement to sign with a detailed report with the expectation that exchange is imminent. Birmingham Midshires have this morning contacted us to advise us that they have now hit a problem as our solicitor is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit 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 Birmingham Midshires and see if they can apply for membership of the Birmingham Midshires conveyancing panel, but if that is not viable Birmingham Midshires will instruct their own solicitors to act. You don't have to instruct a firm on the Birmingham Midshires conveyancing panel as you are at liberty to use your preferred lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Can you help?. My lawyer is not to blame but, my purchase conveyancing has been going on for months. The Local Authority Search from Birmingham Midshires was dated random date and we have agreed a date for me to move into the property on 6 months + 3. My solicitor informs me that as she is on the Birmingham Midshires conveyancing panel she needs to redo the searches as they are no longer acceptable to the lender.
A precondition to being on the Birmingham Midshires approved panel is to comply with the CML Handbook requirements (last updated for this lender on Birmingham Midshires)which specifies that a local authority search be not more than 6 months old. You should nevertheless ask your lawyer to check whether something called ‘search validation’ indemnity insurance is acceptable to Birmingham Midshires.
I note that you have a search directory listing solicitors on the Birmingham Midshires conveyancing panel. Do firms pay you a commission if I retain them for my own conveyancing?
We are a listing service only for law firms wishing to communicate if they are on the Birmingham Midshires conveyancing panel or other lender panels. We do not charge referral fees to the any conveyancer that you subsequently appoint.
We're in Liverpool, First timers purchasing with a mortgage (lender is Birmingham Midshires , but our lawyer is on the Birmingham Midshires conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Birmingham Midshires conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a time-frame for your conveyancing due to third parties outside of our control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain
Do conveyancing lawyers on the Birmingham Midshires conveyancing panel work on a no move no charge basis?
In the main there are no requirements by lenders for their firms to operate on a no-sale-no-fee basis. There a small number of lenders who operate a very restricted conveyancing panel managed by a third party company (often termed in the industry as a ‘gatekeeper’). That third party may impose certain conditions such as non-sale-no fee on the panel firms. If you require this as a condition of your conveyancing then you should check with the conveyancing firm that this is part of their package
We have had an offer accepted on a apartment I spoke to a solicitor recommended by my mum and he recommended using a property lawyers approved by Birmingham Midshires. The estate agent recommended two local firms so I asked Birmingham Midshires if the 2 suggested solicitors are approved, which they are not. Birmingham Midshires suggested that either practice can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of Birmingham Midshires 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Ask Birmingham Midshires to suggest a law firm in your location. Most banks have lawyers on their panel throughout the UK. You can also use our search tool at the top of this page to search for a lawyer on the Birmingham Midshires conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto Birmingham Midshires conveyancing panel as it may only take about 2-3 weeks. As long as they meet Birmingham Midshires’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
I am currently in the process of buying my council flat. I have a mortgage offer with Birmingham Midshires. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Birmingham Midshires you will need to appoint a solicitor on the Birmingham Midshires conveyancing panel.