Common questions asked concerning the Habito Solicitor Panel
from members of the public
On what basis would a firm of solicitors be excluded from the Habito solicitor panel?
A survey recently commissioned by the Solicitors Regulatory Authority found that three quarters of law firms had been removed from a lender panel. The top reasons in order are :
- Low volume of transactions
- the lawyer is a sole practitioner
- as part of the HSBC panel reduction
- regulatory contact by SRA
- accidental removal. We are not aware of the specific or common criteria for removal by Habito
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 Habito. What risks do Habito expect the insurance to cover?
All property lawyers on the Habito 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 Habito’s Part 2 requirements of the CML Handbook (last updated on Habito). Being on the Habito conveyancing panel your lawyer is expect to follow these requirements.
I have been Googling for conveyancing quotes online. Can I be confident that all the law firms that are identified on your site are on the Habito conveyancing panel?
The law firms on our directory have assured us via an online form that they are on the Habito panel and agreed to advise us to take down their listing in the event of removal off of the Habito panel. To date we have not been informed by either a lender or a member of the public that the data about a specific firm being on the Habito conveyancing panel is not accurate.
My lawyers in Birmingham have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with Habito. Is it case that being on the Habito conveyancing panel they need to have retained the file for a number of years?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the Habito Conveyancing Panel Terms. It might be worth you contacting Habito directly.
Is there a list of Habito panel conveyancers on the Building Society Association’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.
Is it common for Habito to withdraw a mortgage offer and what would be the reasoning?
Lenders such as Habito can revoke their mortgage offer although this rarely happens. should Habito withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are various possible reasons but here are a number of examples:
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If the financial circumstances of the borrower have changed to the detriment and the Habito has been notified
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A cashback to the buyer, or | part of the price includes a non-cash incentive to the buyer (eg paid stamp duty land tax),or | any indirect incentive (cash or non cash) or rental guarantee, of which the lender was previously unaware
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Following advice from the property assessor on their lender panel or If the lender has doubts about the effectiveness of the valuation as a result of subsequent events or information received post valuation but pre completion
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Where the sale is not at arms length for value to unconnected persons
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Where the lender is on notice of a restriction or a right of pre-emption which is not at market value
I am currently in the process of buying my council flat. I have a mortgage offer with Habito. 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 Habito you will need to appoint a solicitor on the Habito conveyancing panel.