I'm at the point of looking at houses in Chelmsford and I am about to put in an offer. Is it premature to have a solicitor in place? I am planning to take a mortgage with Yorkshire BS.
It would be prudent to start your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. Given that you are obtaining a mortgage with Yorkshire BS, ask your prospective lawyers if they are on the Yorkshire BS conveyancing panel otherwise they can't do the mortgage legal work.
It is not clear whether my lender requires a lease extension. I have called into my local Chelmsford building society branch on a couple of occasions and was told it does not affect the mortgage offer and they would lend. My Chelmsford conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
The conveyancing practitioner must comply with the CML Handbook section two specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Having read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Chelmsford solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Chelmsford postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Chelmsford.
We are downsizing from our property in Chelmsford and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A high street Chelmsford conveyancer would know that there is no such problem. For the life of me I don't know why the buyers are using a factory type conveyancing outfit as opposed to a conveyancing solicitor in Chelmsford. Having lived in Chelmsford for three years we know that this is a non issue. Do we get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
I used Wolstenholmes several years ago for my conveyancing in Chelmsford. Now, I need the documents but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Chelmsford of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Chelmsford differ for new build properties?
Most buyers of new build or newly converted property in Chelmsford come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because developers in Chelmsford 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 property lawyers 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 Chelmsford or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a simple, no chain conveyancing. Chelmsford is where the house is located. What do you suggest?
Flying freeholds in Chelmsford 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 Chelmsford you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chelmsford may ascertain 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 property.
Are there any distinct advantages to using a local solicitor in Chelmsford
A significant proportion of house movers in Chelmsford decide on using a local lawyer so that they can visit just in case they have problems, and to collect paperwork rather taking the chance in relying on the Royal Mail.
There is a distinct edge when opting for a lawyer nearby to the house you are planning to purchase, due to the knowledge of the area and possible local concerns - yet this is moot. Most conveyancers are now via the internet and could be practically anywhere.