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Which legal searches compulsory when buying with mortgage?

James1715
James1715 Posts: 93 Forumite
edited 14 July 2012 at 9:32PM in House buying, renting & selling
We are currently in the process of buying a house with Nationwide, and have chosen the flexaccount mortgage product which includes basic legal fees, we just have to pay anything for searches, SDLT form etc.

I was contacted this week by our dedicated solicitor, who sent a list of the disbursements this week, and that we should provide 300 pounds in advance to cover:

Local search 147
Water authority 55 (approx)
Environmental search 55.20
Chancel check 10
Bankruptcy search 8
Land registry search 4

Firstly, the local authority search fee is only 127.40 even using snail mail, (I looked on the website), so should I correct them on that?

My main question is, can I instruct the solicitor not to proceed with some of these searches, particularly the Water authority search and the chancel check, without upsetting the mortgage lender (Nationwide). From searching on the internet, various searches come up as 'not compulsory' for mortgage purposes.

If it seems appropriate I don't mind paying, but I cant help feeling that some of these charges are to line the pockets of the solicitor.

Comments

  • R_P_W
    R_P_W Posts: 1,508 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    this is going to be the largest financial commitment you ever make (until the next time) so personally i wouldnt cut any corners over a couple of hundred quid!

    These searches are done for good reason....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    They don't line the solicitor's pocket - they are disbursements. Fees the solicitor pays out on your behalf and then passes on to you.

    If a fee has been misquoted it will probobly be adjusted when the final bill is totted up (at Completion), but by all means point out the error.
  • kingstreet
    kingstreet Posts: 39,183 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is nothing on that list I would suggest one of my clients "save money" on. They should all be considered essential, if not mandatory from a lender's viewpoint.

    The search fees quoted will be based on the method your solicitor uses to obtain those searches. They may not feel like handling your search by a different method to save you £20. Imagine your purchase getting held up waiting for a search and you could have had it back quicker by leaving things alone...?

    By all means ask the solicitor for a reason for the difference, but think carefully before making any decision.

    As G_M has said, these are costs the solicitor incurs which are passed on to you. You'll be able to see the search results, so there's no question you'll be charged for something which isn't done. Therefore there can't be any question of such expenditure being;-
    to line the pockets of the solicitor.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • In the past I have also had to pay Coal Board and Brine Board searches. What you are describing seems quite reasonable.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The only matter that is clear is that Nationwide do not require environmental searches. See CML Handbook part 2 for them - http://www.cml.org.uk/cml/handbook

    They say that solicitors can arrange insurance against Chancel Repairs which implies that that point has to be covered.

    I think it is debatable whether a drainage search is necessary - but it would be difficult to criticise a solicitor for saying that one would be required - there are certainly arguments for it.

    Buyers should also be aware that the local search does not tell you about planning proposals in the vicinity only those in relation to the actual property searched. More information on this can be obtained by having a Plan Search or Know Your Neighbour Search carried out at a acost of £30-£40.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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