RBS- First Active Conveyancing Panel Recently Asked Questions from members of the public
Can you please explain the reason why all property lawyers aren't included on the RBS- First Active Conveyancing panel?
RBS- First Active and other banks ordinarily imposes restrictions either the type or the number of conveyancing solicitors on their panel. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that RBS- First Active have no responsibility for the quality of advice provided by any member of RBS- First Active Conveyancer Panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, Conveyancing is not their speciality? To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime; probably not.
Our solicitor has identified a defect with the lease for the apartment we are buying. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor says that as he is on the RBS- First Active conveyancing panel he must ensure that the lender is happy with this solution. Who is the client here, us or RBS- First Active?
Just because you have a mortgage offer from RBS- First Active does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the CML Handbook Requirements. You and RBS- First Active are the client. The appropriate lender requirements must be adhered to by the RBS- First Active conveyancing panel who has to balance acting for you and RBS- First Active
How do I find a local solicitor on the RBS- First Active conveyancing panel? I have a car and am prepared to travel up to 25 miles to meet the lawyer.
You can use the find a conveyancing panel tool on this page. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the RBS- First Active solicitor panel.
The firm that I appointed last week on my purchase in Brighton has suddenly closed. They were on acting for me because I had to have a solicitor on the RBS- First Active conveyancing panel and my previous lawyer was not. I paid them £200 on account. What do I do now?
If you have an estate agent involved 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. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the RBS- First Active 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
I am buying a property where the roof has a solar panel. Solicitors conducting should look into this right? Will my lender RBS- First Active be concerned
Given that your lender is RBS- First Active your lawyer must to check the RBS- First Active conveyancing instructions contained in the Part of CML Handbook for RBS- First Active . The CML Handbook contains minimum requirements for solar panel roof-space leases, and solicitors are required to report to RBS- First Active where a lease does not meet these requirements. The requirements relate to the installation of panels on properties in England and Wales. The CML are developing guidance for Northern Ireland and Scotland.
I have decided to exercise my right to buy my property off the council. I have a mortgage offer with RBS- First Active. 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 RBS- First Active you will need to appoint a solicitor on the RBS- First Active conveyancing panel.
I recently had an offer accepted on an apartment. My financial adviser pressured me to appoint their lawyers I paid an upfront payment of 200. Soon after the conveyancers contacted me sheepishly admitting that they were not on the RBS- First Active conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the RBS- First Active panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.