My lawyer has discovered a a legal deficiency with the lease for the flat we are purchasing in Brigg. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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.
Finally the sale completed on my house in Brigg last March but my buyer keeps texting every few hours to moan that their solicitor is waiting to hear from mylawyer. What should my lawyer have done following completion?
After completion of your disposal your lawyer is duty bound to deliver the transfer deeds and all supplemental paperwork to the purchaser's lawyers. Where relevant, your conveyancer must also confirm that the mortgage has been repaid to the buyers lawyers. There are no post completion procedures peculiar conveyancing in Brigg.
Despite weeks of looking the Title Certificate and documents to our home are lost. The solicitors who handled the conveyancing in Brigg 4 years ago no longer exist. Will I be able to sell the house?
Assuming the title is registered the details of your proprietorship will be documented by the Land Registry with a Title Number. It is possible to execute a search at the Land Registry, identify your property and order up to date copies of the property title for a small fee. If the title is Leasehold then the Land Registry will in most cases hold a certified duplicate of the Registered Lease and again, a copy can be retrieved for a small fee.
The estate agent has sent us the confirmation of our purchase of a new build flat in Brigg. Conveyancing is necessary evil 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 can expect your new-build leasehold conveyancing in Brigg
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply a car parking plan. 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.
I have been sourcing a conveyancing lawyer in Brigg for my home move. Can I see a firm’s record with the profession’s regulator?
One may read documented Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Visit Check a solicitor's record. For details Pre 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, call +44 (0)121 329 6800. The SRA may monitor telephone calls for training requirements.
Me and my partner have recently had an offer accepted on our first home in Brigg, and need to get solicitors appointed. I have used the numerous rating based websites and the results are from all over the England and Wales. Is it necessary to have a Brigg property lawyer local to our potential new home? I am happy to do all the communicating over the web, but I am thinking at some stage we may need to visit the conveyancer's office to sign contracts?
There is no need to physically visit the office of your lawyer, they can send any relevant documents to you, which you can sign and return. Many home movers nevertheless opt to instruct a locally based solicitor, but it's by no means essential for conveyancing in Brigg.