Frequently asked questions relating to the Scottish Building Society Conveyancing Panel from members of the public
My Solicitor is not on the Scottish Building Society Conveyancing Panel. Can I still continue with my preferred solicitor even though they are excluded from the Scottish Building Society list of approved lawyers?
You will need to have a conveyancer complete the legal work required when you take out a Scottish Building Society 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 Scottish Building Society conveyancing panel additional costs will be incurred as separate legal representation will be required by Scottish Building Society. Conveyancing panel applications can be submitted, so if your conveyancer has not previously applied for membership they can do so.
My nephew is buying a newly built flat with a mortgage from Scottish Building Society. His conveyancer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Scottish Building Society conveyancing panel as a standard part of the process, and to the valuer when asked.
The Developer will be required to start the process by downloading the form and completing it.
The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Scottish Building Society conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
What tools are available to find a local solicitor on the Scottish Building Society conveyancing panel? I have a car and am prepared to travel up to 10 miles to meet the lawyer.
Feel free to make use of the find a conveyancing panel search on this page. Please choose the lender and your location and you will see a number of lawyer located nearest you. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the Scottish Building Society solicitor panel.
Please explain the implications if my solicitor is removed from the Scottish Building Society Solicitor panel before the completion date?
First, 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.
My existing mortgage is with Scottish Building Society. My grandfather has just retired and wants to pay off my mortgage. After Scottish Building Society 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 Scottish Building Society conveyancing panel? I do not intend to live at the property once the Scottish Building Society mortgage is discharged.
Although you do need to retain the services of a lawyer they dont
need to be on the Scottish Building Society 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. There's no capital gains tax for you as it is
your main residence.
Can I register a complaint to Scottish Building Society about the lawyers being on the Scottish Building Society conveyancing panel?
Complaining to Scottish Building Society about their conveyancing panel is unlikely to yield much of a response. Every solicitor firm and conveyancer must have a complaints procedure. You can get 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 Scottish Building Society on numerous occasions and was told they are content with the situation and they would lend. My solicitor - who is on the Scottish Building Society conveyancing panel- telephoned and was told not they would not lend in accordance with their CML Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the Scottish Building Society panel she or he must comply with the CML Handbook requirements for Scottish Building Society. Unless your lawyer obtains specific confirmation in writing that Scottish Building Society 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 Scottish Building Society to contact your lawyer in writing confirming that they will accept the remaining number of years left on the lease.