Darlington Building Society Conveyancing Panel : Questions and Answers from members of the public
My fiance and I are first time buyers. Within the 48 hours our conveyancer has sent a preliminary report and documents to look through with a view to exchanging next week. Darlington Building Society have this evening contacted us to advise us that they have now hit a problem as our conveyancer is not on their approved list of lawyers. Please explain?
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 solicitors should contact Darlington Building Society and see if they can apply for membership of the Darlington Building Society conveyancing panel, but if that is not viable Darlington Building Society will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the Darlington Building Society conveyancing panel as you are at liberty to use your preferred lawyers, in which case it will likely add costs, and it will likely delay the transaction as you are adding another lawyer into the mix.
Expecting to move into my new home next Tuesday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in has capacity as lawyer for Darlington Building Society. What does the insurance need to cover?
All property lawyers on the Darlington 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 Darlington Building Society’s Part 2 requirements of the CML Handbook (last updated on Darlington Building Society). Being on the Darlington Building Society conveyancing panel your lawyer is expect to follow these requirements.
I require the services of a Darlington Building Society panel solicitor in Inverness. Can you assist?
It is not clear why you need a Darlington Building Society panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Darlington Building Society to find out which solicitors in Darlington Building Society are on their panel. If you do find such a firm not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site
The solicitors that just started acting on my purchase in Brighton has suddenly closed. I chose them because I needed a solicitor on the Darlington Building Society conveyancing panel and my preferred lawyer was not. I paid them £200 on account. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they can let the sellers know that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Darlington Building Society conveyancing panel and notify the lender. If you have paid over any money it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help
Can you point me to a directory of Darlington Building Society panel conveyancers on the Council of Mortgage Lender’s Website?
No. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings available online.
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 Darlington Building Society conveyancing panel requirements are different to Darlington Building Society’s conveyancing panel criteria.
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with Darlington Building Society. 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 Darlington Building Society you will need to appoint a solicitor on the Darlington Building Society conveyancing panel.
