My husband and I are buying a brand new flat in Blackheath and my conveyancer is informing me that she has to the mortgage company to reveal incentives from the seller. I am under pressure to exchange and I don't want to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
We are purchasing a house in Blackheath. It might be a silly question but how we can trust a conveyancer? At some point we will need to send our life savings into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am purchasing a 4 bedroom semi-detached house in Blackheath. We would like to an extension at the rear at the property.Will the conveyancing process involve checks to determine if these alterations are permitted?
Your conveyancer should check the registered title as conveyancing in Blackheath can occasionally reveal restrictions in the title documents which prevent certain alterations or require the consent of another owner. Some extensions call for local authority planning consent and approval under the building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these things with a surveyor prior to committing yourself to a purchase.
After much negotiation I have agreed a price on an apartment in Blackheath. My financial adviser recommended their conveyancers. I paid an on account payment of £175. A couple of days later, the property lawyer called me to say 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.
I need some fast conveyancing in Blackheath as I am under pressure to complete inside 2 weeks. A mortgage is not required. Is it possible to avoid the conveyancing searches to save fees and time?
If.Given you are are a cash buyer you have the choice not to have searches carried out although no solicitor would suggest that you don't. Drawing on our experience of conveyancing in Blackheath the following are instances of issues that can arise and adversely impact the marketability of the property: Enforcement Actions, Overdue Fees, Outstanding Grants, Railway Schemes,...
Just had an offer accepted on a new build flat in Blackheath. 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 may expect your new-build leasehold conveyancing in Blackheath
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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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
I have been advised by three or four local estate agents in Blackheath to find a solicitor on your site. Is there a financial inducement for Estate Agents to offer your site rather than another?
We don’t make any financial incentive for directing people our way. We thought it would be too underhand to pay a commission because members of the public would think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
Completion is due on the sale of our £275,000 garden flat in Blackheath on Tuesday in a week. The management company has quoted £360 for Landlord’s certificate, insurance certificate and 3 years service charge statements. Is the landlord entitled to charge exorbitant fees for a leasehold conveyance in Blackheath?
Blackheath conveyancing on leasehold apartments usually necessitates the purchaser’s conveyancer sending questions for the landlord to address. Although the landlord is not legally bound to answer these enquiries the majority will be willing to do so. They may levy a reasonable administration fee for responding to questions or supplying documentation. There is no set fee. The average fee for the information that you are referring to is over three hundred pounds, in some transactions it is in excess of £800. The management information fee demanded by the landlord must be sent together with a synopsis of rights and obligations in respect of administration fees, otherwise the charge is not strictly payable. In reality you have little option but to pay whatever is requested of you if you want to complete the sale of your home.
I am the proprietor of a two-bedroom flat in Blackheath. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for the purchase of the freehold?
You certainly can. We are happy to put you in touch with a Blackheath conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Blackheath flat is 73 Walerand Road in August 2012. the result of the findings of the Tribunal led to a premium to be paid for the extended lease in respect of Flat 73 in the sum of £10,040. The premium applicable in respect of Flat 85 was £5,710. This case affected 2 flats. The unexpired term was 72 years.