I chose a local lawyer for our conveyancing in Cirencester today. Upon checking the Terms I noteI am on the hook for costs even where the conveyance does not complete. Would I be best advised to appoint a web based conveyancing brokerage promoting no completion no charge conveyancing in Cirencester?
Generally there is a concession along the lines that if "No Completion No Fee" is available then the conveyancing charges will generally be more expensive to neutralise those conveyances that do not go ahead. Do bear in mind that such promotions tend not to protect you from outlay such as Cirencester conveyancing search costs.
My wife and I are acquiring a new build flat in Cirencester and my lawyer is advising me that she is duty bound to the mortgage company to disclose incentives from the builder. I am on a tight deadline to exchange contracts and my preference is not to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
It is a dozen years since I acquired my property in Cirencester. Conveyancing solicitors have now been instructed on the sale but I am unable to locate the title documents. Will this cause complications?
Don’t worry too much. First there is a possibility that the deeds will be kept by your mortgage company or they could still be with the lawyers who handled your purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining current official copies of the land registers. Most conveyancing in Cirencester relates to registered property but in the rare situation where your home is not registered it is more problematic but is resolvable.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Cirencester lawyer on the Santander panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I am selling my house. I had a double glazing fitted in February 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Lloyds are being pedantic. The Cirencester solicitor who is on the Lloyds conveyancing panel is recommending indemnity insurance as a solution but Lloyds are requiring a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I was told four weeks ago that my mortgage has been agreed to by UBS. Is it usual for UBS to only issue the offer once my solicitor in Cirencester is approved on their conveyancing panel? UBS have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for UBS to deal with your lawyer's application to be on the UBS conveyancing panel. There's no guarantee that your solicitor will be accepted.
The estate agent has sent us the confirmation of our purchase of a new build flat in Cirencester. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Cirencester
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. 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.
My father has recommend that I appoint his lawyers for conveyancing in Cirencester. Do I take his recommendation?
There are no two ways about it the best way to select a conveyancing solicitor is to have recommendations from friends or family who have actually used the firm that you are considering.