My lawyer has identified a defect with the lease for the flat we are buying in Audley. The seller’s lawyers have offered defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must check that the bank is content with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the lender does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the mortgage company are the client. The appropriate lender conditions must be adhered to.
Do conveyancers request money up-front when it comes to conveyancing in Audley?
If you are buying a property in Audley your lawyer will request that you place them with monies to cover the search fees. Generally this is requested to cover the fees of the conveyancing searches. If any down payment is payable against the sale price then this will be asked for immediately prior to exchange of contracts. The final balance that is needed should be transferred shortly before completion.
Do I need to pay for insurance to protect me from financial exposure to chancel repairs when purchasing a residence in Audley?
Unless a prior acquisition of the property completed after 12 October 2013 you may assume that solicitors conducting conveyancing in Audley to continue to suggest a chancel search and or chancel repair liability policy.
Are there restrictive covenants that are commonly picked up during conveyancing in Audley?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Audley. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I need to instruct a conveyancing practitioner in Audley for my remortgage. Is it possible to see a firm’s complaints history with the legal regulator?
You may see published Solicitor Regulator Association (SRA) decisions resulting from inquisitions started on or after 1 January 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, dial +44 (0)121 329 6800. The regulator could monitor telephone calls for training requirements.
My father completed his conveyancing in Audley 7 years ago. He has got wed, widowed and in recent months got remarried. He now wishes to dispose of the Audley property. I think he will just be need to provide a copy of his marriage certificates to the conveyancing practitioner however he is worried it will frustrate the conveyancing. Should he appoint a property lawyer to update the Land Registry documents for the property?
It is not absolutely necessary to update the register providing you have the evidence required to demonstrate how the name change resulted.
Any buyer’s lawyer will review the land registry information and request evidence to prove the change of name for instance marriage certificates.