My husband and I are only a couple days away from an exchange on a property in Brentwood and my mum and dad have sent the 10% deposit to my property lawyer. I am now advised that as the deposit has not come from me my conveyancer needs to disclose this to my bank. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
Your conveyancing practitioner is duty bound to clarify with mortgage company to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
Why do I have to pay up front for conveyancing in Brentwood?
Where you are retaining lawyers for conveyancing in Brentwood your lawyer will ask you place them with funds to cover the the cost of the conveyancing searches. Normally this is asked for to cover the fees of the conveyancing searches. If any deposit is payable against the purchase price then this will be asked for immediately prior to exchange of contracts. The closing balance that is needed should be transferred shortly before completion.
When it comes to lenders such as Clydesdale, do Brentwood property lawyers have to pay an annual charge to be on the conveyancing panel?
We are unaware of any bank fees to register on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel application.
I am currently in the process of buying my council flat in Brentwood. I have a mortgage offer with Bank of Ireland. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Bank of Ireland, you will need to appoint a solicitor on the Bank of Ireland conveyancing panel.
After shopping around on the internet I have found a Brentwood solicitor having checked that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Brentwood surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
We are planning on selling our property in Brentwood and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any high street Brentwood conveyancer would know this is not the case. For the life of me I don't know why the purchasers used an online conveyancing firm as opposed to a conveyancing solicitor in Brentwood. We have lived in Brentwood for 5 years we know that this is a non issue. Do we contact our local Authority to seek confirmation need.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
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 should have been a simple, no chain conveyancing. Brentwood is the location of the property. Can you offer any advice?
Flying freeholds in Brentwood are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brentwood you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brentwood may decide 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 premises.
As co-executor for the estate of my father I am disposing of a property in Cardiff but I am based in Brentwood. My solicitor (based 260 miles awayhas requested that I sign a stat dec ahead of the transaction finalising. Can you recommend a conveyancing lawyer in Brentwood who can witness this legal document for me?
Technically speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will suffice regardless of whether they are Brentwood based