Habito Conveyancing Panel : Questions and Answers
from members of the public
Am I correct in assuming that the fact that my solicitor is not on the Habito Solicitor panel that there is a problem with the standard of the firm’s work?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. If you are concerned you should simply call the firm and ask them why they are no longer on the approved list for Habito.
Our conveyancer has discovered a legal deficiency with the lease for the apartment we are buying. The other side have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that as he is on the Habito conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or Habito?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and Habito are the client. A precondition to being on the Habito approved panel is to comply with the CML Handbook requirements (last updated for this lender on Habito). The CML Handbook conditions require your lawyer to disclose issues such as defects will the lease so that Habito can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I require the services of a Habito panel solicitor in Inverness. Could you help me?
Unfortunately it’s not apparent why you need a Habito panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Habito to find out which solicitors in Habito are on their panel. If you do find such a firm not listed please direct them to our site to list. After all the cost is only one £1 a month
I am attempting to get my ex-wife removed the mortgage deeds. Can Habito really insist on which solicitor I can or can not retain?
You can use any solicitor you like but Habito then has the right to appoint a different solicitor to act for them at your expense. It might be more cost effective and quicker to instruct a lawyer who is on the Habito solicitors panel
Is it the case that all conveyancing lawyers on the Habito 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 expect to receive a DIP from Habito this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc).Do the Habito recommend a solicitor on the Habito conveyancing panel, or is it better to go independently
You will need to appoint solicitors independently although you'll need to choose one on the Habito conveyancing panel. The solicitor represents both you and the Habito through the process.
I have a mortgage with Habito. My godfather has just retired and wants to pay off the mortgage left on the property. After Habito is paid, I want to transfer the property to my mother's name; How long will it roughly take? Do we need two separate solicitors on the Habito conveyancing panel? I do not intend to live at the property once the Habito mortgage is discharged.
You
will need a solicitor but they need not be on the Habito conveyancing panel.
You will need a solicitor to draw up the transfer and
to deal with the Land Registry formalities. The only thing you need to
consider is that by selling at an undervalue so ask your lawyer about
the implications. There could be an inheritance tax issue if you die
within 7 years of this. As the property is your main residence you need
not pay CGT but you should speak with your accountants in any event.