My partner and I are looking to purchase a house in Childs Hill and have appointed a Childs Hill conveyancing practice. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Birmingham Midshires have this morning contacted us to advise us that there is now an issue as our Childs Hill solicitor is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Childs Hill solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
I require conveyancing for a flat in a relatively new development (seven years old) in Childs Hill. 95% of the flats are already sold. Do I need carry out the neighbourhood searches as part of conveyancing in Childs Hill?
A big part of the Childs Hill conveyancing process is the conveyancing searches. There are a large number of companies delivering Childs Hill conveyancing searches, as well direct from the local authority. These are known collectively as personal search providers due to them carrying out, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must secure their data from the local authoritative source.
Will our conveyancer be asking questions regarding flooding as part of the conveyancing in Childs Hill.
Flooding is a growing risk for lawyers conducting conveyancing in Childs Hill. There are those who purchase a property in Childs Hill, completely expectant 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, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, but there are a various searches that may be undertaken by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Childs Hill. The standard property information forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the seller to discover if the premises has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the seller, then a purchaser could bring a legal claim for losses stemming from an inaccurate response. The buyer’s lawyers will also carry out an environmental search. This should higlight whether there is a recorded flood risk. If so, additional investigations should be initiated.
How does conveyancing in Childs Hill differ for new build properties?
Most buyers of new build property in Childs Hill contact us having been asked by the developer to sign contracts and commit to the purchase even before the premises is completed. This is because house builders in Childs Hill typically acquire 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 conveyancers 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 accustomed to new build conveyancing in Childs Hill or who has acted in the same development.
I decided to have a survey carried out on a property in Childs Hill prior to appointing lawyers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some lenders will not issue a mortgage on such a premises.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Nationwide. Should you wish to telephone 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 Childs Hill. Conveyancing may be slightly more expensive based on your lender's requirements.
As co-executor for the estate of my uncle I am disposing of a house in Newport but reside in Childs Hill. My conveyancer (based 250 kilometers from merequires that I sign a statutory declaration ahead of completion. Could you suggest a conveyancing practitioner in Childs Hill who can witness and place their company stamp on the document?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are Childs Hill based