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Does my solicitor have to see me face to face and does he/ she have to be a Council member?
It is a requirement of the Council that customers receive in person, face to face, independent legal advice. If your solicitor is not able to see you himself (maybe because he is in a different part of the country), he may appoint an agent or notary to see you on his behalf. The Solicitor acting has to sign a certificate to confirm that this has been done and that you understand the contract which you are entering into. This certificate is provided by the Equity Release Council.
Much care is taken throughout the process to ensure that any vulnerable customers (eg. someone with a sight impairment, early onset dementia or whose first language is not English) are appropriately catered for and any concerns (such as coercion) addressed before the case proceeds.
The Solicitor acting for the customer does not have to be a member of the Equity Release Council.
Any person aged 17 or over who lives in the property will also need to take legal advice to confirm that they understand their position and rights once the mortgage is in place and, more particularly, when the property is sold and the loan repaid.