FAQs : The Gen H Solicitor Panel from members of the public
My husband and I are FTBs. Within the 48 hours our conveyancer has forwarded the sale agreement to sign with a detailed report with the expectation that exchange is imminent. Gen H have this evening contacted us to inform me that there is now an issue as our lawyer is not on their conveyancing panel. Is this a problem?
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 Quality Scheme. Your solicitors should contact Gen H and see if they can apply for membership of the Gen H conveyancing panel, but if that is not viable Gen H will instruct their own lawyers to represent them. You don't have to instruct a firm on the Gen H 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.
We are due to exchange on the purchase a house but as a result of damage from the recent storms I have agreed compensation from the seller of £3k approx by way of a reduction in the price. This was going to be dealt with as part of the conveyancing process but my mortgage company Gen H will not agree to this. Why was Gen H even consulted?
Your lawyer being on the Gen H conveyancing panel is duty bound to inform Gen H of any changes to the purchase price. If you were to refuse your lawyers to disclose the reduction to Gen H then they would have to discontinue acting for you and Gen H.
I am buying a flat and require a conveyancing solicitor in Newcastle who is on the Gen H solicitor. Can you recommend a local solicitor?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Gen H . We don’t recommend any particular firm.
Can you clarify what the consequences are if my solicitor is removed from the Gen H Conveyancing panel before completion?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Can I be sure that the solicitor on the Gen H panel is any good?
Getting recommendations is a sensible starting point. Before you go ahead check if they offer a no sale no fee offer. Also you often get what you pay for - a firm which quotes more will often provide a better service than one which is cheap as chips. We would always recommend that you speak with the lawyer conducting your conveyancing
I am currently in the process of buying my council flat. I have a mortgage offer with Gen H. 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 Gen H you will need to appoint a solicitor on the Gen H conveyancing panel.
It is not clear whether my mortgage offer requires a lease extension . I have called Gen H on various occasions and told it wasn't a problem and they would lend. My solicitor - who is on the Gen H conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. I simply dont know who is right
Your lawyer has to follow the CML Handbook Part 2 requirements for Gen H. Unless your lawyer obtains specific confirmation in writing that Gen H 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 Gen H to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.