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  • 5 out of 5 stars rating on Trustpilot

    Amazing experience

    After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.

    Lily

  • 5 out of 5 stars rating on Trustpilot

    First class service

    I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.

    Charles

  • 5 out of 5 stars rating on Trustpilot

    Empathetic, professional and efficient

    I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.

    Mark

  • 5 out of 5 stars rating on Trustpilot

    Great service from Lawhive

    We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.

    Kelvin

  • 5 out of 5 stars rating on Trustpilot

    Great service when you need clarity and calm

    Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.

    Em

  • 5 out of 5 stars rating on Trustpilot

    Quick and efficient

    We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.

    Geri

  • 5 out of 5 stars rating on Trustpilot

    Fantastic service and experience with Lawhive

    I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.

    Jane

  • 5 out of 5 stars rating on Trustpilot

    Amazing experience

    After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.

    Lily

  • 5 out of 5 stars rating on Trustpilot

    First class service

    I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.

    Charles

  • 5 out of 5 stars rating on Trustpilot

    Empathetic, professional and efficient

    I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.

    Mark

  • 5 out of 5 stars rating on Trustpilot

    Great service from Lawhive

    We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.

    Kelvin

  • 5 out of 5 stars rating on Trustpilot

    Great service when you need clarity and calm

    Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.

    Em

  • 5 out of 5 stars rating on Trustpilot

    Quick and efficient

    We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.

    Geri

  • 5 out of 5 stars rating on Trustpilot

    Fantastic service and experience with Lawhive

    I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.

    Jane

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A simpler path to the right legal help

01 overview

In a legal transaction, where one party faces risks without gaining clear benefits, it’s important to seek advice from an independent solicitor. 

If you’re buying a property with a mortgage, you’ll likely need to get an Independent Legal Advice Certificate to prove you’ve received advice. This is because getting a mortgage involves significant legal and financial responsibilities. As the borrower, you’re taking on the risk of repaying a large loan over a lengthy period, and, failing to meet the mortgage terms could lead to serious consequences. 

This is often a regulatory requirement or standard practice used by mortgage companies to ensure compliance with legal and ethical standards. 

At Lawhive, we’re dedicated to offering quick and affordable independent legal advice to everyone in the UK, as and when they need it, regardless of location.

To find out more and connect with our network of experienced UK conveyancers and lawyers, contact our Legal Assessment Team today. 

You need to get independent legal advice so you fully understand the implications of a joint transaction, especially when there may be conflicting interests involved. This helps you make informed decisions and protects your interests. 

Conflicting interests refer to situations where the parties involved in a transaction have different goals or priorities. 

In the context of getting a mortgage, conflicting interests may arise between the borrower and the lender. For example, the borrower’s interest is to secure the loan to purchase a property, while the lender’s interest is to mitigate the risk of default and ensure repayment.

Therefore, banks have a legal duty to make sure those applying for a mortgage or loan get independent legal advice from a solicitor. 

Independent legal advice means meeting with a solicitor who isn't involved in your transaction. Their job is to help you understand the risks and terms involved so you can make informed decisions.

To do this, you arrange a meeting with a solicitor and send them your documents for review. You'll also need to verify your identity.

With Lawhive, this process happens securely through our platform, through which you can also message your solicitor and schedule a meeting, so everything happens in one place.

During the meeting, which can be done over the phone or via video call, they'll explain the transaction's ins and outs and highlight any risks. Independent Legal Advice should cover: 

  • Explaining the documents and the risks involved, such as losing the home or facing bankruptcy if payments are missed. 
  • Assessing the seriousness of the risks based on the mortgage’s purpose, amount, and terms, making sure you understand the property’s value and any other assets for repayment.
  • Notifying you that the lender may change the loan terms without consulting them.
  • Giving you the option to request negotiation with the bank on transaction terms.

Your solicitor will also check you know you have the sole authority to sign and agree to the mortgage or guarantee, without any pressure or influence. 

After the meeting, you'll receive an Independent Legal Advice Certificate. Sometimes, this is sent directly to your conveyancer or solicitor handling the transaction for ease.

It’s important to note that independent legal advice is not legal representation. This process is to make sure you understand the risks involved in the transaction. It doesn’t determine whether the agreement is fair.

Common scenarios where you may need to seek independent legal advice include 

TransactionExplanation
Personal or director’s guarantee for a loan or mortgageOften used by business owners to secure property purchases. It involves making a personal guarantee for the loan, which also notifies other directors of their liability.
Joint borrower or sole proprietor mortgageThis is when family members help others onto the property ladder by offering their mortgage as security for someone else’s loan.
Waiving rights in a property subject to a mortgageThis is when individuals sign an occupiers’ waiver form to live at a property without owning it. Typically, this transaction involves adult children or relatives agreeing not to interfere with the lender’s right to repossess if payments aren’t made.
Deed of TrustA Deed of Trust is used by joint tenants who want to outline specific terms of their agreement. In some cases, one beneficiary may get independent legal advice to better understand the terms and how they may affect them in the future.
Transferring equity between propertiesThis is often done through remortgaging and is common when raising funds to purchase a buy-to-let property.
Conflict of interestWhen both parties in a property deal can’t be represented by the same solicitor to avoid conflicts.
Mergers and acquisitionsIn the case of business transactions, seeking Independent Legal Advice serves to protect both parties' interests.

When you're getting a mortgage, you must understand the legal responsibilities involved. That's why the mortgage lender, often a bank, will ask you to get independent legal advice from a solicitor. The solicitor's job is to explain the terms and implications of the mortgage agreement to you.

As part of this process, the lender will ask your legal advisor to fill out a standard letter called a Certificate of Independent Legal Advice. 

This letter confirms that you've received the necessary advice. Typically, it includes a statement from the solicitor stating that they've explained the mortgage agreement and its consequences to you. They'll also confirm that you've decided to proceed, provided you've given them the authority to do so.

The certificate should be signed by both you and the solicitor. 

Any solicitor can provide legal advice as long as they are independent of the transaction. 

The solicitor giving you independent legal advice is usually a practicing solicitor, licensed conveyancer, or a Fellow of the Institute of Legal Executives.

Many mortgage lenders now allow you to get independent legal advice online, but it's always best to double-check beforehand.

Most solicitors, including our network at Lawhive, offer remote independent legal advice. This helps ensure you fully understand the nature and implications of a transaction, particularly when signing the mortgage deed.

By law, solicitors must verify your identity before providing advice. This is done securely and swiftly through our platform. You'll need to upload a photo ID, such as your passport or driving license, with a selfie to confirm your identity. This process is fully automated and can be completed quickly. We also use the same encryption as banks to safeguard your privacy.

Buying a house can be costly, and some see getting independent legal advice as an unwanted expense, especially when they're already paying solicitors fees in the first place.

While we understand this, our solicitors can't provide free advice because of the risks involved and their obligation to charge a fee.

However, at Lawhive, we keep our fees fair and clear, so you can get the right advice when you need it.

If you have legal expenses insurance, it might cover the cost of seeking independent legal advice. This insurance is sometimes included as part of your home insurance or available as an extra.

Contact us for a fixed-fee quote today from our expert conveyancers and solicitors for independent legal advice on getting a mortgage. We'll connect you with the best lawyer for your needs within 48 hours, though it usually takes less time because of our extensive network.

Why would a solicitor refuse to provide an ILA certificate? 

A solicitor isn’t duty-bound to sign an ILA certificate after advising a client. 

They must use their professional judgment to verify that:

  • The applicant isn’t being coerced into the transaction
  • The applicant understands the advice they’ve been given, their rights, and their responsibilities if they agree
  • The applicant's identity is verifiable
  • The applicant can communicate and understand what is happening.

An Independent Legal Advice Certificate proves that you sought professional advice before making a decision. 

When you’ve done this, it’s harder for an agreement to be legally challenged as it serves to show you made an informed decision with the help of legal guidance. 

In the context of a mortgage, requesting the borrower get independent legal advice helps mitigate the risk of potential disputes or legal issues. For example, a borrower could not claim they did not know their house could be repossessed if they didn’t keep up with their mortgage payments. 

How can Lawhive help? 

If you need independent legal advice for buying or selling a property, Lawhive is here to help. Contact our legal assessment team for your fixed fee quote today.

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