I am not in a position to travel far from Brighouse and Rastrick. Can you please explain the reason why all Brighouse and Rastrick conveyancers are not on all mortgage company panels?
Banks highlight the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud annually.The dismissal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lending institutions to review their conveyancing panels, which kicked off a major policy change in the sector. It resulted in lenders pruning less reputable firms off their panel of approved conveyancers .
Last February we completed a house move in Brighouse and Rastrick. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Brighouse and Rastrick?
The question is vague as what problems have arisen and if they are unique to conveyancing in Brighouse and Rastrick. Conveyancing searches and investigations initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a seller answers a form called a SPIF. answers ends up being inaccurate, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Brighouse and Rastrick.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Brighouse and Rastrick?
There are two types of lawyers who can do conveyancing in Brighouse and Rastrick namely licenced conveyancers or solicitors. Both professionals administer the legal services that required to complete the sale or acquisition of property. Both are required to conduct Brighouse and Rastrick conveyancing on similar quality and guidelines so you may be sure that your conveyancing will be professionally administered and that the necessary procedures will be suitably attended to.
Is it the case that all Brighouse and Rastrick solicitor firms on the Skipton conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Skipton conveyancing panel they would need to be regulated by the SRA. Many mortgage companies do allow licenced conveyancers on their panel in which case such firms would be overseen by the Council of Licensed Conveyancers.
I have decided to exercise my right to buy my property in Brighouse and Rastrick off the council. I have a mortgage offer with Santander. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
My wife and I own a renovated Georgian property in Brighouse and Rastrick. Conveyancing solicitor acted for me and National Westminster Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold under the matching address. Is it worth asking National Westminster Bank to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Brighouse and Rastrick and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the position with the conveyancing practitioner who conducted the purchase.
My uncle has suggested that I instruct his conveyancers in Brighouse and Rastrick. Should I find my own property lawyer?
No doubt it’s preferable to find a conveyancing practitioner is to seek referrals from friends or relatives who have used the conveyancer that you are are thinking of instructing.
I am employed by a busy estate agency in Brighouse and Rastrick where we have witnessed a number of leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received contradictory information from local Brighouse and Rastrick conveyancing firms. Can you confirm whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I am the registered owner of a basement flat in Brighouse and Rastrick, conveyancing having been completed August 2011. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Brighouse and Rastrick with a long lease are worth £190,000. The ground rent is £45 invoiced every year. The lease finishes on 21st October 2087
You have 62 years remaining on your lease we estimate the premium for your lease extension to range between £17,100 and £19,800 plus costs.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to advice on the actual costs without more comprehensive investigations. You should not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not move forward placing reliance on this information without first seeking the advice of a professional.