Me and my fiance are buying a 1 bedroom flat in Battle with a mortgage. We wish to retain our Battle conveyancer, but the mortgage company advise he's not on their "panel". It seems we have little option but to instruct one of the lender panel firms or retain our Battle property lawyer and pay for one of their panel firms to represent them. We regard this is inequitable; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Battle conveyancing solicitor to apply to be on the conveyancing panel.
My husband and I wish to acquire a 3 bedroom flat in Battle with a homeloan from Barclays .We like our Battle conveyancing solicitor but Barclays informed us his firm is not on their approved list of firms. It seems we are left with little choice but to instruct a Barclays panel firm or keep our high street solicitor and fork out for a Barclays panel lawyer to represent them. We feel as though this is unjust; Can we not simply insist that Barclays use our lawyer?
No, not really. The mortgage offered to you contains various provisions, one of which will be that solicitors needs to be on the Barclays solicitor panel. in the past, most banks had large numbers of law firms on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Barclays
About to purchase a new build apartment in Battle. Conveyancing is a frightening process 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 selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Battle
-
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Battle is the location of the property. Is there any advice you can impart?
Flying freeholds in Battle are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Battle you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Battle may ascertain 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.
I am looking for a conveyancing lawyer in Battle for my house move. Is there any facility to check a solicitor's complaints history with the legal regulator?
Members of the public may read presented Solicitor Regulator Association (SRA) determinations stemming from inquisitions started on or after 1 January 2008. Go to Check a solicitor's record. For records Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The SRA may monitor telephone calls for training purposes.
I am hoping to put an offer on a small detached house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have since found out that the title is leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Battle. Conveyancing advisers have are soon to be appointed. Will they explain the issues?
Most houses in Battle are freehold rather than leasehold. This is one of the situations where having a local solicitor used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in Battle so you should seriously consider shopping around for a Battle conveyancing solicitor and check that they have experience in transacting on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions for example requiring the landlord’sconsent to conduct changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor should report to you on the legal implications.
Leasehold Conveyancing in Battle - A selection of Queries Prior to buying
-
It would be sensible to enquire if there is anything that is prohibited in the lease. By way of example plenty of leases prohibit pets being allowed in certain buildings in Battle. If you like the apartmentin Battle but your dog is not allowed to live with you then you have a very difficult choice. Are any of leasehold owners in arrears of their service charge liability? How is the lease structured?