My son-in-law is purchasing a new build apartment in Basildon with a home loan from Clydesdale. His solicitor has said that there is a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Clydesdale conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Clydesdale conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I just acquired a house at auction in Basildon. Conveyancing is needed. What is next?
Given that you have now legally bound yourself to purchase you will need to hire the services of a conveyancing solicitor quickly as you now have a pending a drop dead date to complete the transaction. All auction property will have an associated auction pack. This should include evidence of title and search results. In the case of leasehold premises the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You must pass this on to the conveyancer instructed by you as soon as possible. Do make sure that your finances are organised to complete the transaction on the set completion date.
We are getting a further advance on our home loan from RBS as we want to conduct renovations to our home in Basildon. Do we need to appoint a high street Basildon solicitor on the RBS conveyancing panel to handle the paperwork?
RBS would not normally require a member of their conveyancing panel to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS conveyancing panel.
I am expecting a DIP from HSBC this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do HSBC recommend any Basildon solicitors on the HSBC conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Basildon solicitors independently although you'll need to choose one on the HSBC conveyancing panel. The solicitor represents both you and HSBC through the process.
I am planning on selling our home in Basildon and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. Any high street Basildon conveyancer would know that there is no such problem. It does beg the question why the buyers instructed a factory type conveyancing practice as opposed to a conveyancing solicitor in Basildon. Having lived in Basildon for 5 years we know of no issue. Do we contact our local Authority to obtain confirmation that the buyers are looking for.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You must enquire of 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 health insurance to cover that same ailment)
I have recentlydiscovered that Arc property Solicitors have closed. They carried out my conveyancing in Basildon for a purchase of a leasehold apartment 12 months ago. How can I establish that my home is not still registered in the name of the former proprietor?
The quickest way to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Basildon conveyancing specialists.
I decided to have a survey completed on a property in Basildon ahead of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. Our surveyor has said that some lenders tend refuse to issue a mortgage on this type of home.
It varies from the lender to lender. Lloyds has different instructions from Birmingham Midshires. If you contact us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Basildon. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Basildon to see if the conveyancing will be more expensive.
What makes a Basildon lease unmortgageable?
There is nothing unique about leasehold conveyancing in Basildon. Most leases are individual and legal mistakes in the legal wording can result in certain sections are erroneous. The following missing provisions could result in a defective lease:
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Maintenance charge proportions which don’t add up to the correct percentage Repairing obligations to or maintain parts of the building
You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Leeds Building Society, and Aldermore all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is problematic they may refuse to provide security, obliging the purchaser to pull out.
Basildon Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
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Are there any major works in the planning that could add a premium to the service costs? Is the freehold owned jointly by the leaseholders? What restrictions are contained in the Basildon Lease?