Habito Conveyancing Panel Recently Asked Questions from members of the public
My property lawyer has never been on on the Habito Conveyancing Panel. Is it possible for me to retain my preferred solicitor even though they are not on the Habito list of approved lawyers?
You will need to have a conveyancer complete the legal work required when you take out a Habito mortgage to buy your property. They’ll carry out all the necessary legal checks on the property, make sure that you’re properly registered as the owner and ensure that all the necessary mortgage documentation is in place. You can instruct a conveyancing firm of your choice. However, if the firm selected is not a member of the Habito conveyancing panel additional costs will be incurred as separate legal representation will be required by Habito. Conveyancing panel applications can be submitted, so if your conveyancer has not previously applied for membership they can do so.
Our solicitor has requested from me personal identification documents asserting that this forms part of his requirements as a solicitor on the Habito Solicitor panel. This is news to me - can I refuse?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that Habito also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with Habito CML Handbook requirements last updated on Habito
How up to date is your database of lawyers on the Habito conveyancing panel? Do Habito send you an updated list?
The law firm practices themselves provide us confirmation that they are on the Habito conveyancing panel as opposed to being supplied with a list from Habito directly.
Can you clarify what the consequences are if my lawyer’s firm is suspended from the Habito Conveyancing panel in advance of the moving date as agreed at exchange of contracts?
The first thing to point out is that, this is a very rare occurrence. 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 at a cost.
Is the case that all CQS (Conveyancing Quality Scheme) solicitors on the Habito conveyancing panel?
A selection of lenders now use CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
Do the majority of 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 Habito conveyancing panel requirements are different to Habito’s conveyancing panel requirements.
I am due to exchange contracts on my house. I had a double glazing fitted in month 2010 but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Habito are being pedantic. The solicitor who is on the Habito conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Habito are insisting on a building regulation certificate. Why do Habito have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Habito have referred the matter to their valuer. The reason why Habito may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing correctly and safely installed. It merely protects against enforcement action which is very unlikely anyway.