My fiance and I are hoping to purchase a flat in Ammanford and are in fact using a Ammanford conveyancing firm. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through with a view to exchanging next week. Nationwide Building Society have this afternoon contacted us to advise us that they have now hit a problem as our Ammanford lawyer is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is conventional for the purchasers' lawyers to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Ammanford solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
It is 10 years ago since I acquired my house in Ammanford. Conveyancing solicitors have just been instructed on the sale but I can't track down my title documents. Is this a problem?
You need not be too concerned. First the deeds may be retained by the lender or they may be in the possession of the lawyers who handled the purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining current official copies of the land registers. The vast majority of conveyancing in Ammanford relates to registered property but in the rare situation where your property is not registered it is more tricky but is not insurmountable.
I am intent on selling our house in Ammanford and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. Any local conveyancer would know that there is no such problem. It does beg the question why the purchasers are using a national conveyancing outfit as opposed to a conveyancing solicitor in Ammanford. Having lived in Ammanford for 5 years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
The estate agent has sent us the confirmation of our purchase of a new build apartment in Ammanford. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Ammanford
-
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are surveyor prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Due to the advice of my in-laws I had a survey completed on a property in Ammanford in advance of instructing conveyancers. I have been informed that there is a flying freehold overhang to the house. My surveyor advised that some lenders may refuse to give a mortgage on such a premises.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. Should you wish to telephone us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Ammanford. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ammanford to see if the conveyancing will be more expensive.
When it comes to my conveyancing in Ammanford should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Ammanford conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the property lawyer's time in submitting the funds this way.