Our conveyancer has discovered a defect with the lease for the flat we are purchasing in Bognor Regis. The seller’s lawyers have put forward title insurance as a workaround. We are content with insurance and will cover the costs. Our property lawyer says that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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 solicitor will have no choice but to discontinue acting for you.
My wife and I are purchasing a flat in Bognor Regis. I might seem paranoid but how we can trust a conveyancer? At some point we will need to put money into their account. What protection do we have from them run away with our money?
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.
My lawyer has informed me that chancel insurance is necessary on my purchase. What is the level of cover for Bognor Regis conveyancing?
The appropriate level of chancel indemnity insurance depends on who your lender is. It would differ for example between Birmingham Midshires and Bank of Scotland. Conveyancing lawyers as opposed to members of the public take out such policies.
I am purchasing a property in Bognor Regis. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
As your lender is Clydesdale your lawyer must comply with the conveyancing requirements outlined in Part 2 of UK Finance Lenders’ Handbook for Clydesdale. The CML Handbook includes minimum conditions for solar panel roof-space leases, and conveyancers are required to report to Clydesdale where a lease does not comply with these specifications. The specifications relate to the installation of panels on properties countrywide and is not restricted to Bognor Regis.
What will a local search inform me about the property we're buying in Bognor Regis?
Bognor Regis conveyancing often commences with the applying for local authority searches directly from your local Authority or via a personal search company for example PSG The local search plays a central role in most Bognor Regis conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your property. The search should provide information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic areas.
I used Stirling Law a few years ago for my conveyancing in Bognor Regis. Now, I need the files but the law firm has closed. 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 Bognor Regis of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build flat in Bognor Regis. 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 is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Bognor Regis
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Am I better off to appoint a Bognor Regis conveyancing solicitor who is local to the property I am purchasing? We have a good friend who can handle the legal work however her office is 400kilometers drive away.
The benefit of a high street Bognor Regis conveyancing firm is that you can attend the office to sign documents, present your ID and pester them if necessary. They will also have local insight which is a plus. That being said nothing is more important than finding someone that will pull out all the stops for you. If if people you trust instructed your friend and in the main were impressed that should trump using an unknown Bognor Regis conveyancing lawyer solely due to them being local.