Me and my fiance are intending to buy a 2 bedroom apartment in Brinsworth with a mortgage. We have a Brinsworth solicitor, but the lender says she’s not on their "panel". It appears that we have little option but to instruct one of the mortgage company panel conveyancing practices or keep our Brinsworth property lawyer and pay for one of their panel ones to represent them. This seems very unfair; can we not insist that the lender use our Brinsworth property lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Brinsworth conveyancing lawyer to apply to be on the conveyancing panel.
It is is a decade since I bought my property in Brinsworth. Conveyancing solicitors have recently been retained on the sale but I can't find the title documents. Will this jeopardise the sale?
You need not be too concerned. Firstly the deeds may be kept by the lender or they could stored with the solicitor who acted in the purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Brinsworth relates to registered property but in the rare situation where your home is unregistered it is more problematic but is not insurmountable.
I have an AIP. The lender mentioned the loan came with free conveyancing. Is the implication that I have to appoint their panel solicitor as I would much rather instruct a high street conveyancing solicitor in Brinsworth?
You should check but the chances are that allocate you one of their panel conveyancers where you want the "fee-free" incentive. Call the mortgage company and see if they offer you a cash alternative. In the past a few mortgage companies offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor near Brinsworth.
Do commercial conveyancing searches reveal impending roadworks that may affect a commercial land in Brinsworth?
Many commercial conveyancing solicitors in Brinsworth will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in investigating accurate data on highways that impact buildings and development assets in Brinsworth. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Brinsworth.
For every commercial conveyancing transaction in Brinsworth it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately can result in delays to Brinsworth commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Brinsworth.
We are four weeks into a residential purchase having been referred to solicitors by the high street agent to perform conveyancing in Brinsworth. I am am extremely frustrated with the quality of service. Could you help me find new lawyers?
They would need to be really bad in order to consider changing them. Has your mortgage offer been issued? In the event that it has you will need to advise them of the new lawyer and ensure the offer are re-sent. Your conveyancer needs to be on the banks panel to avoid added fees and frustration. So that should be your starting point. Our search tool will help you find a lender approved lawyer for your home move in Brinsworth
I am employed by a long established estate agency in Brinsworth where we have witnessed a number of flat sales put at risk due to leases having less than 80 years remaining. I have been given conflicting advice from local Brinsworth conveyancing solicitors. Could you shed some light as to whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner 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. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.
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 buyer.
Brinsworth Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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How long is the Lease? Best to be warned if fixing the lift or some other major work is coming up that will be shared amongst the tenants and may well materially impact the level of the maintenance charges or require a one time payment. What is the annual service fee and ground rent?