My husband and I are nearing an exchange on a property in Crosby and my mum and dad have sent the exchange deposit to my solicitor. I am now informed that as the deposit has been received from someone other than me my conveyancing practitioner needs to make a notification to my lender. Apparently, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I disclosed to the bank regarding my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
The conveyancing practitioner is obliged to clarify with mortgage company to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only notify this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.
I am assisting my sister sell her flat in Crosby. Will the solicitor order the energy performance certificate or it is for the owner to see to?
After the demise of HIPs, energy performance certificates was maintained a mandatory part of moving house. An EPC needs to be to hand in advance of the property being advertised. It is not as aspect of the sale process that solicitors normally organise. Where you are using a Crosby conveyancing lawyer they might help arrange energy assessments given their relationships with long established local assessors
A relative advised me that in purchasing a property in Crosby there could be a number of restrictions preventing external alterations to a property. Is this right?
There are a number of properties in Crosby which have some sort of restriction or requirement of consent to perform external alterations. Part of the conveyancing in Crosby should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
How can we know in advance if a Crosby conveyancing solicitor on the Barclays panel is any good?
When it comes to conveyancing in Crosby seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advocate that you speak with the lawyer carrying out your transaction.
We are selling our home in Crosby and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A high street Crosby lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed a national conveyancing outfit as opposed to a conveyancing solicitor in Crosby. Having lived in Crosby for 4 years we know of no issue. Should we get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor currently acting for you. Are they able to advise? 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 health insurance to cover that same sickness)
The estate agent has sent us the confirmation of our purchase of a new build apartment in Crosby. Conveyancing is a frightening process 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 conveyancing.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Crosby
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. 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. There must be mutual enforceability of lessee’s covenants.
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Crosby is the location of the property. Can you shed any light on this issue?
Flying freeholds in Crosby are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Crosby you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Crosby may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
My brother has suggested that I instruct his conveyancers in Crosby. Do I take his recommendation?
No doubt it’s preferable to find a conveyancing solicitor is to have recommendations from friends or relatives who have experience in using the conveyancer that you are are thinking of instructing.