Me and my partner are intending to purchase a 1 bedroom flat in Belton with a mortgage. We would like to retain our Belton lawyer, but the mortgage company advise he's not on their "panel". We have to appoint one of the bank panel conveyancing practices or continue with our Belton solicitor and pay for one of their panel lawyers to represent them. This seems very unfair; can we not insist that the lender use our Belton solicitor ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’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. A further alternative is for your Belton conveyancing solicitor to apply to be on the conveyancing panel.
Is it the case that all Belton conveyancing solicitors on the HSBC conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the HSBC conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some banks do permit licenced conveyancers on their panel in which case such organisation would be overseen by the Council of Licensed Conveyancers.
I am due to exchange contracts on my flat. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Virgin Money are being difficult. The Belton solicitor who is on the Virgin Money conveyancing panel is saying indemnity insurance will be fine but Virgin Money are insisting on a building regulation certificate. Why do Virgin Money have a conveyancing panel if they don't accept advice from them?
It is probably the case that Virgin Money have referred the matter to their valuer. The reason why Virgin Money 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.
Our offer on a house in Belton has been agreed to, but there is a chain. The owners have placed an offer on on an apartment, however it’s not yet agreed to, and have viewings of other properties in the pipeline. I have chosen a bricks and mortar conveyancing solicitor in Belton. What should be my next step? When should I get the mortgage application with HSBC started?
It is normal to have apprehensions where there is a chain as you are unlikely to want to incur costs too early (mortgage application is approx one thousand pounds, then survey, Belton conveyancing search costs, etc). First, you must ensure that your property lawyer is on the HSBC conveyancing panel. Concerning the next steps this very much depends on the circumstances of your transaction, desire for this property and on the state of the market. In a buoyant market the majority of purchasers will apply for the mortgage with HSBC and arrange for the valuation and only if it was satisfactory would they pay their property lawyer to press on with the conveyancing in Belton.
Are there restrictive covenants that are commonly identified as part of conveyancing in Belton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Belton. 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…’
How do I locate a Belton solicitor on the Clydesdale conveyancing panel? I am a keen cyclist and am happy to travel upto 10miles to meet the conveyancer.
You can use the search on this website. Please choose the mortgage company and your location and you will see a number of Belton conveyancing lawyers located nearest you. We have listed some Belton conveyancing firms at the bottom of this page and you can ring them to check whether they are on the Clydesdale member panel
We're first time buyers - agreed a price, yet the estate agent informed us that the seller will only go ahead if we use their chosen lawyers as they need an ‘expedited deal’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Belton
It is unlikely the owners are driving this. If they want ‘a quick sale', taking such a hostile approach to a serious purchaser is going to damage their objectives. Bypass the agents and go straight to the owners and make sure they comprehend that (a)you are keen to buy (b)you are ready to progress, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)but you intend to use your own,trusted Belton conveyancing lawyers - not the ones that will earn the estate agent a commission or hit his conveyancing thresholds pre-set by head office.
I wish to sublet my leasehold apartment in Belton. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Notwithstanding that your previous Belton conveyancing solicitor is not available you can check your lease to see if it allows you to sublet the property. The rule is that if the lease is non-specific, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain permission via your landlord or some other party in advance of subletting. This means you not allowed to sublet without first obtaining permission. Such consent is not allowed to be unreasonably refused ore delayed. If your lease prohibits you from subletting the property you should ask your landlord if they are willing to waive this restriction.
Belton Leasehold Conveyancing - A selection of Queries Prior to Purchasing
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It would be prudent to find out as much as you can concerning the company managing the block as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the common parts. You should not be afraid to ask prospective neighbours whether they are happy with them. On a final note, be sure you understand the dates that the service fees are due to the relevant party and specifically what you get for your money. How is the lease structured? It is important to be aware whether changing the roof or some other major work is anticipated to be shared amongst the leaseholders and will materially increase the the maintenance fees or result in a specific payment.