The owners have rather assertive sellers who has recommended a preliminary contract with a non-refundable deposit 10k. Are such agreements recommended for Ash conveyancing transactions?
This type of preliminary agreement is not the norm in Ash, conveyancers are not keen on them as they divert attention from the primary objective, namely conveyancing and if you end up losing your deposit then the solicitor at best left with an upset client and at worst a litigious one. Secondly, there is no guarantee that just because the proprietor has entered into a lock out contract they will complete the sale with you. They may be motivated to break the contract if they are offered a big enough financial inducement to do so because a wronged purchaser with the benefit of a lockoutcontract will still be legally obliged to show losses as a consequence of the breach and these may not equalise the financial benefit that the owner may secure by breaking the contract, however morally condemnable the behaviour is.
My wife and I own a 4 bedroom Edwardian house in Ash. Conveyancing lawyer acted for me and The Royal Bank of Scotland. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Ash and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with the conveyancing solicitor who conducted the conveyancing.
I am buying my first flat in Ash benefiting from help to buy. The developers refused to reduce the amount so I negotiated five thousand pounds worth of additionals instead. The property agent suggested that I not to tell my lawyer about this deal as it could put at risk my mortgage with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a simple, no chain conveyancing. Ash is the location of the property. Can you offer any opinion?
Flying freeholds in Ash are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Ash you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Ash may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Taking into account that I am about to part with £400,000 on a house in Ash I would like to have a conversation with the solicitor about myhome move before giving the go ahead to the firm. Is this something that you can arrange?
This is something that we encourage - we would be delighted to talk to you we do not take any clients on without you speaking to the lawyer who will be conducting your conveyancing in Ash.There is no ‘factory style conveyancing’ - every client is unique person, not a case reference. The law firms that we put you in touch with believe that the fees you are calculated and presented to you for residential conveyancing in Ash should be the figure that you end up paying.
My husband and I are new on the property ladder - agreed a price, yet the property agent informed us that the vendor will only issue a contract if we instruct their recommended conveyancers as they need a ‘quick sale’. My instinct tells me that we should use a family conveyancer accustomed to conveyancing in Ash
It is highly unlikely the vendors are behind this. Should the owner desire ‘a quick sale', turning down a serious purchaser is going to damage their objectives. Avoid the agents and go straight to the sellers and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with finances in place © you have nothing to sell (d) you intend to proceed fast (e)but you intend to use your preferred Ash conveyancing lawyers - not the ones that will provide the estate agent a kickback or meet his conveyancing targets pre-set by corporate headquarters.