Our conveyancer has discovered a a problem with the lease for the flat we are purchasing in Caergwrle. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the bank are the client. The appropriate lender requirements must be adhered to.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Yorkshire BS Conveyancing panel ahead of completing my conveyancing in Caergwrle?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Should my conveyancer be raising enquiries regarding flooding as part of the conveyancing in Caergwrle.
Flooding is a growing risk for solicitors dealing with homes in Caergwrle. Plenty of people will buy a house in Caergwrle, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to impart advice on flood risk, but there are a numerous checks that can be undertaken by the purchaser or by their conveyancers which will figure out the risks in Caergwrle. The conventional set of completed inquiry forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the vendor to determine whether the premises has suffered from flooding. In the event that the property has been flooded in past and is not disclosed by the owner, then a buyer could commence a claim for damages resulting from an misleading response. The purchaser’s lawyers may also carry out an environmental search. This should higlight if there is any known flood risk. If so, further investigations should be conducted.
Me and my brother purchased a semi-detached Edwardian property in Caergwrle. Conveyancing solicitor represented me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to review 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 Caergwrle and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the situation with your conveyancing practitioner who conducted the purchase.
I need to instruct a conveyancing lawyer in Caergwrle for my house move. Can I check a solicitor's complaints history with the profession’s regulator?
Anyone can review documented Solicitor Regulator Association (SRA) determinations resulting from investigations from 2008 onwards. Go to Check a solicitor's record. For records Pre 2008, or to check a firm's record, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, use +44 (0)121 329 6800. The SRA may recorded call for training reasons.
Finally our conveyancing in Caergwrle is completing on Friday, yet the vendors I am buying from wants to vacate on the Saturday at 2pm. Do I agree to this?
You can't complete on a Saturday due to the bank systems are not working.