Me and my partner are intending to buy a 2 bedroom flat in Birtley with a mortgage. We wish to retain our Birtley conveyancer, but the lender advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or retain our Birtley property lawyer as well as pay for one of their panel firms to act for them. This feels very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you 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. Another option that might be available is for your Birtley conveyancing lawyer to apply to be on the conveyancing panel.
Me and my partner are buying our first house. Our solicitor has calledto check if we would like to purchase supplemental conveyancing searches. Frankly we are clueless as to what's relevant for conveyancing in Birtley
The type of Birtley conveyancing searches depends primarily on the property, the location, the probability of any of these risks, your knowledge of the area and risks, your overall approach to risk. What matters is that you adequately appreciate what information each search could provide. You may then make a decision if you personally think you need that information. If in doubt, ask the lawyer to guide you.
I can see plenty of information on this site about conveyancing in Birtley but what is your top tip for finding the right conveyancer in Birtley
Do not opt for the lowest Birtley conveyancing fees. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
The formalities of my remortgage has taken place for my property in Birtley. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. In most cases complaints to a lender are resolved effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I recently had an offer agreed on a house in Birtley. My mortgage broker suggested a property lawyer. I paid an on account payment of £175. A few days later, the conveyancer called me sheepishly admitting that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Birtley. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Birtley
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Forfeiture - bankruptcy or liquidation must not apply under this provision. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
I have been on the look out for a flat up to £245,000 and identified one round the corner in Birtley I like with amenity areas and railway links in the vicinity, however it's only got 52 remaining years left on the lease. There is not much else in Birtley for this price, so just wondered if I would be making a mistake acquiring a lease with such few years left?
If you require a home loan the shortness of the lease may be a potential deal breaker. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for at least 2 years you can request that they start the process of the extension and pass it to you. You can add 90 years to the current lease with a zero ground rent applied. You should speak to your conveyancing solicitor concerning this.
Living abroad I am unable to visit my Birtley conveyancing solicitors office to sign documents for conveyancing in Birtley – will this be problematic?
Not a problem. Birtley conveyancing lawyers can undertake home moves for clients nationwide. It is not necessary for you to be able to be present a Birtley conveyancers office. Almost all conveyancing practitioner can undertake everything via phone, post and email - whatever works for you.