As someone unfamiliar with conveyancing in Ashtead what’s your top tip you can give me for the legal transfer of property in Ashtead
You may not hear this from too many lawyers but conveyancing in Ashtead or throughout England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there is lots of room for confrontation between you and others involved in the transaction. For example, the vendor, estate agent and sometimes your lender. Choosing a solicitor for your conveyancing in Ashtead should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the legal process whose interest is to look after your best interests and to protect you.
There is a definite ongoing adversarial element to conveyancing- someone has to be at fault for the process taking so long. We recommend that you must always trust your lawyer above all other players in the home moving process.
There are numerous conveyancing solicitors in Ashtead but how do I know who's good?
It would be unwise to be seduced by the lowest Ashtead conveyancing fees. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
We expect to receive a OIP from Skipton this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Skipton recommend any Ashtead solicitors on the Skipton conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Ashtead solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I have instructed a Ashtead conveyancer having checked that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Ashtead surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
How does conveyancing in Ashtead differ for newly converted properties?
Most buyers of new build property in Ashtead come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because builders in Ashtead typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Ashtead or who has acted in the same development.
I have been on the look out for a leasehold apartment up to £305k and found one near me in Ashtead I like with a park and railway links in the vicinity, the downside is that it only has 61 years unexpired on the lease. There is not much else in Ashtead for this price, so just wondered if I would be making a mistake buying a lease with such few years left?
If you need a home loan the remaining unexpired lease term will likely be an issue. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the property for at least twenty four months you could request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this.
How does the Landlord & Tenant Act 1954 affect my commercial premises in Ashtead and how can your lawyers assist?
The 1954 Act affords security of tenure to business tenants, granting the legal entitlement to apply to court for a renewal lease and remain in occupation at the end of an expired lease. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Ashtead is one of our numerous areas of the UK in which the firms we work with are located
My wife and I soon to complete buying a property in Ashtead but as a consequence of wreckage from the recent storms I have agreed compensation from the vendor of £3k by way of a adjustment in the price. I had intended this to be addressed as part of the conveyancing process however the lender will not agree to this. Why were they involved?
The conveyancing practitioner listed on a bank conveyancing panel is obliged to advise the lender of any variations to the purchase amount. If you were to refuse your lawyer to notify the reduction to your lender then they would have to refrain from acting for you and the mortgage company.