Our conveyancer has identified a a legal deficiency with the lease for the flat we are purchasing in Blaby. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must be satisfied that the lender is happy with this solution. Are we the client or is the mortgage company ?
Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the lender are the client. These conveyancing instructions have to be complied with.
What happens if my lawyer’s firm is removed from the Skipton Solicitor panel ahead of completing my conveyancing in Blaby?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
My business partner and I are intending to lease a unit on the high street. Can you recommend solicitors offering no-move-no costs for non-domestic conveyancing in Blaby for under 1500k?
We can recommend firms who have specialist knowledge of commercial conveyancing in Blaby, including the sale and purchase of businesses as well as simply premises. If you are looking to acquire or dispose of a shop, pub, restaurant, office, retail unit or a whole business we can put you in touch with the right solicitor. As for the charges this will depend on the structure and complexity of the deal. Let us have your details or telephone so as to enable us to supply you with a fixed commercial conveyancing calculation.
I am thinking of appointing a conveyancing lawyer in Blaby for my home move. Is there any facility to see a solicitor's complaints history with the legal regulator?
One can review documented Solicitor Regulator Association (SRA) determinations stemming from investigations started on or after Jan 2008. Visit Check a solicitor's record. To find information about the period before 1 January 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The SRA sometimes monitor call for training reasons.
I work for a reputable estate agent office in Blaby where we see a number of leasehold sales put at risk as a result of short leases. I have been given conflicting advice from local Blaby conveyancing solicitors. Could you clarify whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Blaby Leasehold Conveyancing - A selection of Questions you should consider Prior to Purchasing
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For most Blaby leaseholds the outlay for major works are not built into the maintenance charges, albeit that there some managing agents in Blaby require leaseholders to pay into a reserve fund and this is used to offset against larger works. Does this lease have in excess of 80 years left? What prohibitions are contained in the Blaby Lease?
Our estate agent has suggested using their conveyancing practitioner for the conveyancing in Blaby - Surely it’s advisable to just instruct them?
You need to establish if the selling agent is recommending a lawyer or introducing to a conveyancing practitioner. There are plenty of Blaby estate agents who recommend two or three Blaby conveyancing firms purely based on those lawyers offering a great service.