M&S Bank Solicitor Panel Example Support Desk Enquires from members of the public
We are hoping to buy a 1 bedroom flat in Leeds with a mortgage from M&S Bank. We would like to retain our lawyer but M&S Bank says she’s not on their "panel". It seems we have little choice but to instruct one of the M&S Bank panel firms or keep our solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the M&S Bank conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for M&S Bank
can you help? My conveyancer is informing me me that he is legally obliged to conduct a Local Authority search as the firm are on the M&S Bank approved lawyer panel. Is my lawyer correct?
Unfortunately both you and your lawyer have little choice here. As you are taking a mortgage with M&S Bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of M&S Bank’s conveyancing panel appointment which obliges them to follow the CML Handbook requirements last updated M&S Bank. even if you were a cash buyer you would be ill advised not to carry out a local authority search.
Do all the licensed conveyancers and solicitor practices listed on your search have online case tracking as I understood that this was a condition of being on the M&S Bank solicitor panel?
The Council of Mortgage Lenders or BSA do not require online case tracking. Some law firms operate such technology and some don't.
I am purchasing a new build flat and getting a mortgage with M&S Bank. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing you will have to appoint a solicitor on the M&S Bank conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to made in you doing to conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on the M&S Bank conveyancing panel in your location.
We have agreed a price on a flat I spoke to a solicitor recommended by my uncle and he suggested using a property lawyers approved by M&S Bank. The estate agent recommended two local firms so I asked M&S Bank if the 2 suggested solicitors are approved, which they are not. M&S Bank pointed out that either firm can fill out the appropriate forms to become approved. Do I (1) save myself the aggravation and use one of M&S Bank 's conveyancing panel solicitors (2) Use the local solicitor and accept there may be delays etc as they go through the approval process.
Enquire of M&S Bank for conveyancing panel firms in your area. Lenders have them all over the country. You can also use our search tool at the top of this page to search for a lawyer on the M&S Bank conveyancing panel based on location. If you particularly like the sound of one of the local lawyers that you have spoken to ask them if they would go onto M&S Bank conveyancing panel as it may only take about 2-3 weeks. As long as they meet M&S Bank’s requirements it can be a very simple job for the solicitor. Other stuff will be going on in parallel (as you are at an early stage) so it may not delay matters.
Can I register a complaint to M&S Bank about the lawyers being on the M&S Bank conveyancing panel?
Complaining to M&S Bank about their conveyancing panel is unlikely to yield much of a response. Every solicitor firm and conveyancer must have a complaints procedure. Usually one can find this information from the solicitor’s or conveyancer’s website or ask at their office. They must tell you about it if you ask.
The Legal Ombudsman will make sure that your complaint is properly dealt with by the solicitor. It can also advise you how to complain.
If a licensed conveyancer does not have a complaints procedure or will not tell you about it, contact the Council for Licensed Conveyancers (CLC), which will make sure that your complaint is properly dealt with by the conveyancer. Please see below for more information.
It is not clear whether my mortgage offer requires a lease extension . I have called M&S Bank on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the M&S Bank 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 M&S Bank. Unless your lawyer obtains specific confirmation in writing that M&S Bank 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 M&S Bank to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.