Completed the sale of my flat in Clare last June but the buyer keeps texting every few hours to moan that his lawyer is waiting to hear from myconveyancer. What are the post completion sale formalities following completion?
Post completion of your disposal your conveyancer should send the transfer deeds and all supplemental paperwork to the buyer’s conveyancer. If applicable, your conveyancer should also confirm that the mortgage has been repaid to the purchasers lawyers. There is unlikely to be post completion procedures just for conveyancing in Clare.
My fiance and I intend to purchase a purpose built apartment in Clare with a residential mortgage from Barclays .We have a Clare conveyancing lawyer but Barclays informed us she’s not listed on their approved list of member firms. It seems we have no choice but to instruct a Barclays panel lawyer or keep our high street solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that Barclays use our lawyer?
No, not really. The mortgage offered to you is subject to its various provisions, a common one being that conveyancers must be on the Barclays approved list. Until recently, most mortgage companies had large numbers of solicitors 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Barclays
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Clare?
There are many recorded licenced Conveyancers in Clare and Solicitor practices in Clare who provide Conveyancing services It is important to make clear that the two are regulated professionals specialising in the legal aspects of the home buying process. The two can conduct other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
We had appointed conveyancers with offices in Clare on the Yorkshire BS solicitor panel. They are now charging me a separate sum for dealing with the Yorkshire BS mortgage. Is this an additional conveyancing fee set by Yorkshire BS?
As unfair as it may appear, as long as it’s in their Terms and Conditions or estimate then yes your lawyer can levy a fee for this. The charge is not dictated by Yorkshire BS but by your Clare conveyancer. Numerous firms on the Yorkshire BS panel will charge ’dealing with mortgage’ fee but some firms incorporate it on their overall fee.
The formalities of my purchase has taken place for my property in Clare. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I'm purchasing my first flat in Clare benefiting from help to buy. The developers would not reduce the price so I negotiated 6k of fixtures and fittings instead. The estate agent suggested that I not to tell my conveyancer about the deal as it would adversely affect my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the input of my in-laws I had a survey completed on a property in Clare prior to retaining solicitors. I have been told that there is a flying freehold element to the property. My surveyor advised that some lenders tend refuse to grant a mortgage on a flying freehold premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Clare. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clare to see if the conveyancing costs will increase in light of this.
Do I need to be wary that brokers that I am dealing with are recommending a factory type conveyancing firm as opposed to a High Street Clare conveyancing practice?
As is the case with lots of professional services, often referrals from connections can be most helpful. Yet there are numerous people with a keen interest in a conveyancing transaction; estate agents, financial adviser and lenders may recommend lawyers to appoint. On occasion the lawyers might be known to one of the organisations as one of the best in their field, but sometimes there exists a commercial relationship behind the recommendation. You have the right to choose your own lawyer. However, bear in mind that most banks operate an approved list of lawyers you must use for the lender related work in your home move.