I am acquiring a new build duplex in Castle Vale and my conveyancer is informing me that she is duty bound to the mortgage company to disclose incentives from the developer. The Estate Agents are hassling me to exchange and I don't want to delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
What does my ID and proof of funds have anything to do with my conveyancing in Castle Vale? Is this really necessary?
Anti-terror and anti-money-laundering regulations require solicitors and licensed conveyancers to check the identity of the potential client they are dealing with prior to agreeing to accepting their conveyancing business. The Terms of Engagement that you are required to sign will no doubt confirm this. Your lender will also require certain documents to be checked. If you are unwilling to provide ID verification documents, your conveyancer can not take you on as a client.
I appreciate that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when acquiring a property in Castle Vale? or Apparently there is historic law that means some owners of property residing in a parish church boundary may be liable to contribute towards repairs to the chancel in proximity to the church. Is this applicable for conveyancing in Castle Vale?
Unless a prior purchase of the premises took place after 12 October 2013 you could expect solicitors handling conveyancing in Castle Vale to continue to propose a a chancel search and or insurance against a claim.
Just had an offer accepted on a new build apartment in Castle Vale. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Castle Vale
-
Please confirm the Lease plans are architect prepared. 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision.
Due to the input of my in-laws I had a survey completed on a house in Castle Vale in advance of retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. The surveyor has said that some mortgage companies will refuse to issue a loan on this type of home.
It varies from the lender to lender. HSBC has different instructions from Nationwide. If you contact us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Castle Vale. Conveyancing will be smoother if you use a solicitor in Castle Vale especially if they are familiar with such properties in Castle Vale.
Taking into account that I am about to part with hundreds of thousands of pounds on a garden flat in Castle Vale I would like to talk to a conveyancer about myhouse move before giving the go ahead to the firm. Can this be arranged?
Absolutely - it is our preference to talk to you we do not take any clients on without you speaking to the lawyer who will be carrying out your conveyancing in Castle Vale.There is no ‘factory style conveyancing’ - each client is an important person, not a case number. The solicitors that we put you in touch with believe that the figure you are quoted for residential conveyancing in Castle Vale should be the amount on the final invoice that you are charged.