In looking at mumsnet.com for a cheap solicitor in Beaworthy, most comment that I must instruct a CQS accredited solicitor. Can you explain what CQS is?
Beaworthy Conveyancing Quality Scheme practices have obtained accreditation by the law Society The Law Society established CQS to establish evidence of quality standards in the in the legal transfer of properties. CQS enables buyers and sellers to identify practices who provide a quality residential conveyancing. Beaworthy is one of the many areas in England and Wales in which accredited firms have a presence. The conveyancing scheme requires solicitors to undergo a strict assessment, compulsory training, self-certification, spot checks and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders.
Forgive me if this question is silly but I am new to the home buying as a 1st time purchaser of a ground floor flat in Beaworthy. Do I receive the keys to the property on the completion date from my solicitor? If this is the case, I will find a local conveyancing solicitor in Beaworthy?
On the day of completion you will not be required to go to the conveyancers office in Beaworthy. Conveyancing lawyers for you will electronically transfer the completion advance to the vendor’s solicitors, and once they have received this, you will be able to receive the keys from the property Agents and start moving into the property. This tends to happen early afternoon.
I am currently in the process of buying my council flat in Beaworthy. I have a mortgage offer with Barclays. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Barclays, you will need to appoint a solicitor on the Barclays conveyancing panel.
I am selling my apartment. I had a double glazing fitted in December 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, HSBC are being problematic. The Beaworthy solicitor who is on the HSBC conveyancing panel is saying indemnity insurance will be fine but HSBC are requiring a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
We are downsizing from our property in Beaworthy and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A local lawyer would know that there is no such problem. For the life of me I don't know why the buyers are using a national conveyancing practice rather than a conveyancing solicitor in Beaworthy. We have lived in Beaworthy for six years we know that this is a non issue. Do we get in touch with our local Authority to get confirmation that there is no issue.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You should check with 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 sickness)
I used Arc property Solicitors several years ago for my conveyancing in Beaworthy. I now require my file however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Beaworthy of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the guidance of my in-laws I had a survey completed on a house in Beaworthy before retaining solicitors. I have been advised that there is a flying freehold aspect to the property. Our surveyor advised that some banks tend not grant a mortgage on such a house.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. Should you wish to call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Beaworthy. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Beaworthy to see if the conveyancing will be more expensive.
Our lawyer in Beaworthy has identified a a problem with the lease for the apartment we are buying in Beaworthy. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer says that as he is on the lender conveyancing panel he must be satisfied that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. A precondition to being on the bank approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.