Please explain the implications if my solicitor is suspended from the Lloyds Solicitor panel ahead of completing my conveyancing in Clifton?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
My colleague suggested that where I am buying in Clifton I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is usually included in the estimate for your Clifton conveyancing searches. It is not a small report of more than thirty pages, listing and detailing significant information about Clifton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Clifton Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with plans and statistics, Local Amenities and other useful information regarding Clifton.
Due to the advice of my in-laws I had a survey completed on a house in Clifton before retaining conveyancers. I have been told that there is a flying freehold element to the property. My surveyor advised that some banks will not grant a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions from Halifax. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Clifton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Clifton to see if the conveyancing will be more expensive.
Do I need to be suspicious that 3rd parties that I am dealing with are encouraging me to use an internet conveyancing firm as opposed to a High Street Clifton conveyancing firm?
As is the case with many professional services, often referrals from relatives can be extremely useful or valuable. Yet there are many parties with a keen interest in a conveyancing deal; estate agents, mortgage brokers and banks might all recommend conveyancers to retain. On occasion the lawyers might be known to one of the organisations as being good in their field, but sometimes there is an underlying commercial relationship behind the recommendation. You are free to select your own conveyancer. Don't forget that many banks specify a panel list of lawyers you are obliged to use for the lender related work in your home move.
My husband and I are 17 days into a freehold purchase having been referred to a firm by the selling agent to carry out the conveyancing in Clifton. We are not happy. Could you help me find new lawyers?
A lawyer would need to be really poor in order to consider diss instructing them. Has your mortgage offer been sent? If so you must make them aware of the new contact details and have the loan are issued to the new lawyers. Your conveyancer should be on the mortgage company approved list to avoid supplemental expenses and frustration. So that should be your starting point. The find a solicitor tool should assist you in finding a lender approved conveyancer for your conveyancing in Clifton
Can you provide any advice for leasehold conveyancing in Clifton from the perspective of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Clifton can be avoided where you get in touch lawyers the minute your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ lawyers. The majority of freeholders or managing agents in Clifton charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Clifton. You believe that you know the number of years left on your lease but you should verify this by asking your conveyancers. A purchaser's lawyer will not be happy to advise their client to to exchange contracts if the lease term is below 80 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. If you have carried out any alterations to the property would they have required Landlord’s consent? Have you, for example installed wooden flooring? Clifton leases often stipulate that internal structural alterations or addition of wooden flooring necessitate a licence issued by the Landlord consenting to such changes. If you fail to have the consents in place do not communicate with the landlord without checking with your conveyancer in the first instance. If you have had conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over as opposed to ongoing.
Leasehold Conveyancing in Clifton - A selection of Queries Prior to Purchasing
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What is the length of the lease? It would be prudent to find out if there are any onerous prohibitions in the lease. For example it is fairly common in Clifton leases that pets are not allowed in in a block in Clifton. If you love the flatin Clifton but your dog is not allowed to make the move with you then you have a very difficult choice. Who takes charge for maintaining and repairing the block?