As a novice what is the most important advice you can impart concerning purchase conveyancing in Braintree?
Not many law firms shout this from the rooftops but conveyancing in Braintree and elsewhere in Essex is an adversarial process. In other words, when it comes to conveyancing there is an abundance of room for conflict between you and other parties involved in the transaction. For instance, the seller, property agent and on occasion the bank. Selecting a law firm for your conveyancing in Braintree should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the process whose responsibility is to protect your legal interests and to protect you.
There is a worrying increase of a "blame" culture- someone has to be blamed for the process being so protracted. You your first instinct should be to trust your conveyancer above the other players in the conveyancing process.
Will my solicitor be raising questions regarding flooding during the conveyancing in Braintree.
The risk of flooding is if increasing concern for lawyers dealing with homes in Braintree. There are those who acquire a property in Braintree, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, however there are a various checks that may be undertaken by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in Braintree. The conventional set of completed inquiry forms given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the seller to find out whether the property has ever been flooded. In the event that the residence has been flooded in past which is not notified by the seller, then a buyer could commence a compensation claim as a result of such an incorrect response. The purchaser’s solicitors should also commission an environmental search. This should higlight whether there is any known flood risk. If so, more detailed investigations should be made.
I acquired my home on 10 January and my personal details is not yet registered. Should I be concerned? My conveyancing solicitor in Braintree expressed confidence that it would be registered in a couple of weeks. Are transfers in Braintree uniquely lengthy to register?
There is nothing unique about conveyancing in Braintree registration formalities. Rather than based on location, timeframes can differ depending on the party submitting the application, whether it is in order and if the Land registry must send notices to any 3rd persons or bodies. Currently approximately three quarters of such applications are fully addressed within 12 days but occasionally there can be protracted delays. Historically registration is effected once the new owner is living at the premises thus post completion formalities is not usually an essential issue yet if there is a degree of urgency associated with the registration then you or your lawyers should communicate with the Registry to express the reasoning for the application to be prioritised.
I am purchasing a new build house in Braintree with a mortgage from Bank of Scotland. The builders would not reduce the price so I negotiated 6k of fixtures and fittings instead. The estate agent advised me not reveal to my conveyancer about this side-deal as it may affect my mortgage with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a property I put an offer in two weeks back in what was supposed to be a straight forward, no chain conveyancing. Braintree is where the house is located. Can you shed any light on this issue?
Flying freeholds in Braintree are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Braintree you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Braintree may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
My sealed bid on detached house in Braintree has been accepted, but there is a chain. The current proprietors have offered on on an apartment, however it’s not yet agreed to, and has viewings of other flats in the pipeline. I have instructed a nearby conveyancing lawyer in Braintree. What do I do now? At what stage should I apply for the mortgage with Nationwide?
It is usual to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is in the region of £1k, then survey, Braintree conveyancing search fees, etc). The first course of action is to check that your conveyancer is on the Nationwide conveyancing panel. Concerning the next phase this very much depends on the specifics of your transaction, desire for the property and on the state of the market. During a hot market some home buyers would apply for the mortgage with Nationwide and arrange for the survey and only if it comes back ok would they request their conveyancing practitioner to press on with the conveyancing in Braintree.