We have rather pushy sellers who has recommended a exclusivity contract with a down payment 10k. Are such arrangements appropriate for Castle Eden conveyancing transactions?
This form of arrangement is not the norm in Castle Eden, conveyancers will often encourage clients away from them as they detract from the main conveyancing focus and if you end up having your deposit forfeited then the lawyer is left exposed. In addition, there is no assurance that just because the seller has signed an exclusivity agreement they will sell to you. They may breach the agreement if they receive sufficient incentive to do so because a wronged buyer with the benefit of a lockoutcontract will still have to establish consequential losses from the breach and these may not equalise the financial upside that the owner may obtain by breaking the contract, however morally condemnable that may be.
It is a dozen years since I bought my home in Castle Eden. Conveyancing solicitors have now been instructed on the sale but I can't locate my title documents. Is this a major issue?
Don’t worry too much. First there is a possibility that the deeds will be with your mortgage company or they may be in the possession of the lawyers who acted in your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Almost all conveyancing in Castle Eden involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
I am buying a house and require a conveyancing solicitor in Castle Eden who is on the Nationwide Building Society solicitor. Can you recommend a local solicitor?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Nationwide Building Society in certain locations such as Castle Eden. We dont recommend any particular firm.
Should our conveyancer be making enquiries regarding flooding during the conveyancing in Castle Eden.
The risk of flooding is if increasing concern for lawyers dealing with homes in Castle Eden. Some people will buy a house in Castle Eden, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to impart advice on flood risk, but there are a number of checks that may be carried out by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Castle Eden. The conventional set of information given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to find out whether the premises has suffered from flooding. If the premises has been flooded in past and is not notified by the seller, then a buyer could bring a legal claim for losses as a result of such an misleading reply. A purchaser’s lawyers will also order an environmental search. This should reveal whether there is a recorded flood risk. If so, further inquiries should be conducted.
About to purchase a new build flat in Castle Eden. 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 conveyancing.
Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Castle Eden
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
I've recently found out 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 quick, no chain conveyancing. Castle Eden is where the house is located. Can you shed any light on this issue?
Flying freeholds in Castle Eden are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Castle Eden you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Castle Eden 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.