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Ready to buy a new home? Failing to check that a lawyer is on the Halifax list of approved solicitors can put your transaction at risk of delay or failure.
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Q and A’s regarding the Halifax Conveyancing Panel
I am progressing with the sale of my maisonette and the estate agent has just texted me to say that the purchasers are switching property lawyer. The excuse is that Halifax will only engage with property lawyers on their conveyancing panel. On what basis would a big named mortgage company only deal with certain lawyers?
Lenders have always had an approved set of law firms they are willing to work with, but in the past few years big names such as HSBC, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.
Banks blame a rise in fraud by way of justification for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
My solicitor has discovered a difference when comparing the assumptions in Halifax’s home valuation survey and what is revealed within the conveyancing documents. My solicitor says that as he is on the Halifax conveyancing panel he is obliged to ensure that the bank is with this discrepancy and is content go ahead. Is my conveyancer’s course or action right?
A precondition to being on the Halifax approved panel is to comply with the CML Handbook requirements (last updated for this lender on Halifax) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
I need to find a Halifax panel solicitor in Belfast. Could you help me?
Unfortunately it’s not apparent why you need a Halifax panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to Halifax to find out which solicitors in Halifax are on their panel. If you do find such a firm not listed please direct them to our site to list. At a fee of one pound per month it is not expensive to register on the site
My lawyers in Liverpool have advised me that no longer have my conveyancing file. At the time of my purchase I took out a mortgage with Halifax. Is it case that being on the Halifax 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 Halifax Conveyancing Panel Terms. It might be worth you contacting Halifax directly.
I was thinking of purchasing my friend’s property. Once we agree a price, what’s the best way to proceed? I hope to get a mortgage with Halifax. Is there anyway to cut out the solicitors to save us both money? My dad reckons back in the day he did a lot of it himself, just went into the land registry office and providing them with the info they needed himself
If you are getting a mortgage with Halifax involved you will need to appoint a solicitor on the Halifax conveyancing panel. We would not encourage you to both use the same solicitors' firm. There are clear conflict of interest issues and it's not going to make a huge difference to the speed of the overall process. So as not to hold things us you should pass on your solicitors details to Halifax. Feel free to use our search tool to look for a licensed conveyancer or solicitor on the Halifax conveyancing panel.
I recently had an offer accepted on an apartment. My mortgage broker recommended their conveyancers I paid an upfront payment of 225. Soon after the conveyancers contacted me to say that they were not on the Halifax conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Halifax panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am due to exchange contracts on my apartment. 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, Halifax are being a right pain. The solicitor who is on the Halifax conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Halifax are insisting on a building regulation certificate. Why do Halifax have a conveyancing panel of they don’t accept advice from them?
It is probably the case that Halifax have referred the matter to their valuer. The reason why Halifax 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.