Me and my fiance are intending to buy a 1 bedroom apartment in Burford with a mortgage. We have a Burford solicitor, however the lender says he's not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Burford solicitor and pay for one of their panel ones to act for them. We regard this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. Another option that might be available is for your Burford conveyancing lawyer to apply to be on the conveyancing panel.
At what point will exchange of contracts happen for domestic conveyancing in Burford and do I need to be at the lawyers office?
Where you are local to our conveyancing solicitors in Burford you are welcome to attend to sign documents. However, the firms we recommend offer countrywide coverage for conveyancing and provide as equally comprehensive and professional a job for you when communicating with you digitally. The executing of the sale agreement is not when everything is set in stone. A signed contract simply enables the solicitor to exchange contracts when the time is right, which is ordinarily shortly after signing. The exchange process is is usually a five minute process, although where a long "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Burford)to be in the office available at the end of the phone to exchange contracts.
Will commercial conveyancing searches reveal impending roadworks that may affect a commercial estate in Burford?
Its becoming the norm that commercial conveyancing solicitors in Burford will carry out a SiteSolutions Highways report as it reduces the time that conveyancers spend in looking into accurate data on highways that impact buildings and development assets in Burford. The report provides 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 Burford.
For each commercial conveyancing transaction in Burford it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been dealt with adequately could result in delays to Burford commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Burford.
How does conveyancing in Burford differ for new build properties?
Most buyers of new build property in Burford come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is finished. This is because house builders in Burford usually buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Burford or who has acted in the same development.
Yesterday I discovered 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 simple, chain free conveyancing. Burford is the location of the property. Can you shed any light on this issue?
Flying freeholds in Burford 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 Burford you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Burford may determine 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 residence.
What do I do if I am unhappy with the solicitor who conducted our conveyancing in Burford?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that occasionally matters do not go as planned. However there is recourse where you were not happy with your conveyancing in Burford. This varies from trying to resolve matters directly with them, through to reporting a conveyancer to their governing body. If you remain unhappy you may consider enlisting the help of the Legal Ombudsman.