My wife and I are planning to buy a house in Christchurch and are in fact using a Christchurch conveyancing firm. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Norwich and Peterborough Building Society have this morning contacted us to advise us that they have now hit a problem as our Christchurch conveyancer is not on their conveyancing panel. Is this a problem?
When purchasing a property with mortgage finance it is standard for the purchasers' lawyers to also represent the mortgage company. 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 Accreditation Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Christchurch solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Should conveyancers ask for money up-front for my conveyancing in Christchurch?
Where you are retaining lawyers for conveyancing in Christchurch your solicitor will request that you place them with funds to cover the search fees. This will be the total of the cost of the Local Authority Search. If any deposit is as part of the total price then this will be needed shortly in advance of exchange of contracts. The closing balance that is needed should be transferred shortly before completion.
My wife and I are intent on selling our home in Christchurch and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A high street Christchurch lawyer would know this is not the case. It does beg the question why the purchasers used a national conveyancing practice rather than a conveyancing solicitor in Christchurch. Having lived in Christchurch for many years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing solicitor already. What do they say? You need to enquire of 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 life insurance to cover that same sickness)
I decided to have a survey done on a property in Christchurch ahead of instructing solicitors. I have been informed that there is a flying freehold element to the property. Our surveyor has said that some lenders will refuse to grant a mortgage on a flying freehold home.
It varies from the lender to lender. Bank of Scotland has different instructions from Nationwide. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Christchurch. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Christchurch to see if the conveyancing will be more expensive.
Is it best to instruct a Christchurch conveyancing practitioner who is local to the property I am hoping to buy? I have an old university friend who can handle the conveyancing but they are based a couple of hundredmiles away.
The primary upside of using a local Christchurch conveyancing firm is that you can pop in to sign paperwork, hand in your ID and apply pressure on them if necessary. They will also have local intelligence which is a bonus. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and they were happy that should surpass using an unfamiliar Christchurch conveyancing solicitor just because they are round the corner.
What are your top tips when it comes to choosing a Christchurch conveyancing practice to deal with our lease extension?
When appointing a property lawyer for lease extension works (regardless if they are a Christchurch conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Christchurch conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions could be of use:
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Can they put you in touch with clients in Christchurch who can give a testimonial?
Christchurch Leasehold Conveyancing - Sample of Questions you should consider before buying
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Its a good idea to discover as much as possible about the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you will be in the clutches of the managing agents from a financial perspective and when it comes to practical issues like the upkeep of the common parts. Enquire of other people what they think of them. On a final note, be sure you know the dates that the maintenance charges are due to the managing agents and precisely how they are spending that money. Does the lease have onerous restrictions? The majority of Christchurch leasehold properties will incur a service bill for the upkeep of the block levied by the freeholder. Should you buy the flat you will have to meet this amount, usually quarterly accross the year. This may vary from several hundred pounds to thousands of pounds for blocks with lifts and large communal grounds. In all probability there will be a ground rent to be met annual, ordinarily this is not a large figure, say around £50-£100 but you should to enquire it because sometimes it could be prohibitively expensive.