We are purchasing a 1 bedroom apartment in Chorley and Eccleston with a mortgage. We have a Chorley and Eccleston solicitor, however the lender says he's not on their "panel". It seems we have no option but to use one of the mortgage company panel solicitors or continue with our Chorley and Eccleston conveyancing practitioner and pay for one of their panel lawyers to represent them. We consider that this is unjust; are we not able to demand that the mortgage company use our Chorley and Eccleston property lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Chorley and Eccleston conveyancing solicitor to apply to be on the conveyancing panel.
Finally the sale completed on my house in Chorley and Eccleston last September but our buyer keeps Skype messaging me complaining that his conveyancer is waiting to hear from mine. What are the post completion sale legalities now that I have sold?
Post completion of your house sale your lawyer is committed to send the transfer documentation and all additional paperwork to the buyer’s lawyers. Where relevant, your conveyancer should also confirm that the home loan has been repaid to the purchasers conveyancers. There is unlikely to be post completion formalities specific conveyancing in Chorley and Eccleston.
My brother-in-law has suggested I instruct a conveyancing solicitor in Chorley and Eccleston. I need to find out if they are on the Godiva Mortgages Ltd conveyancing panel. Could you advise?
The first thing you should do is e-mail the lawyer and enquire whether they can act for the lender. Alternatively please call Godiva Mortgages Ltd who may be able to confirm.
I am currently in the process of buying my council flat in Chorley and Eccleston. I have a mortgage agreed with Clydesdale. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Clydesdale, you will need to appoint a solicitor on the Clydesdale conveyancing panel.
After much negotiation I have agreed a price on an apartment in Chorley and Eccleston. My financial adviser suggested a property lawyer. I paid an advanced payment of £200. A couple of days later, the conveyancing practitioner contacted me to say that they were not on the Coventry BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Coventry BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Chorley and Eccleston solicitor - who is on the Barclays conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Barclays will need an independent valuation of the property. Your lawyer will not arrange this. Usually Barclays 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 Chorley and Eccleston postcode. As you are getting a mortgage with Barclays, you could contact them to see if they have a list of approved surveyors in Chorley and Eccleston.
What does a local search reveal concerning the property my wife and I buying in Chorley and Eccleston?
Chorley and Eccleston conveyancing often commences with the submitting local authority searches directly from your local Authority or through a personal search organisations for instance PSG The local search plays an important role in many a Chorley and Eccleston conveyancing purchase; that is if you wish to avoid any unpleasant once you have moved into your property. The search should provide information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic areas.
Can you provide any advice for leasehold conveyancing in Chorley and Eccleston with the aim of saving time on the sale process?
- Much of the delay in leasehold conveyancing in Chorley and Eccleston can be avoided where you appoint lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the buyers’ representatives. You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to to exchange contracts if the lease term is under 75 years. In the circumstances it is important at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. Some Chorley and Eccleston leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers. Many freeholders or Management Companies in Chorley and Eccleston charge for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in Chorley and Eccleston.
Chorley and Eccleston Leasehold Conveyancing - A selection of Questions you should ask Prior to Purchasing
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Make sure you enquire if the the lease includes any adverse restrictions in the lease. For instance plenty of leases prohibit pets being allowed in certain buildings in Chorley and Eccleston. If you like the flatin Chorley and Eccleston however your dog can’t make the move with you then you will be presented with a hard compromise. How many of the leaseholders are in arrears for their service charge payments? Who are the managing agents?