Me and my fiance are buying a 3 bedroom flat in Cwmcarn with a mortgage. We like our Cwmcarn conveyancer, but the lender advise he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our Cwmcarn lawyer and pay for one of their panel ones to represent them. This feels very unfair; can we not demand that the lender use our Cwmcarn conveyancing practitioner ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms 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 Cwmcarn conveyancing lawyer to apply to be on the conveyancing panel.
This question may be naive but I am unexperienced as FTB of a ground floor flat in Cwmcarn. Do I receive the keys to the premises on the completion date from my conveyancer? If this is the case, I will find a local conveyancing solicitor in Cwmcarn?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will electronically transfer the purchase money to the seller's lawyers, and once they have received this, you should be able to receive the keys from the Estate Agents and start moving into the property. This tends to happen between 1 and 3pm.
We were going to get a OIP from Skipton this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Skipton recommend any Cwmcarn solicitors on the Skipton conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Cwmcarn solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I am selling my apartment. I had a double glazing fitted in March 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, UBS are being difficult. The Cwmcarn solicitor who is on the UBS conveyancing panel is recommending indemnity insurance as a solution but UBS are insisting on a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS 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 need some quick conveyancing in Cwmcarn as I have pressure to exchange contracts within one month. Thankfully I do not require a mortgage. Is it possible to avoid the conveyancing searches to save money and time?
If.Given you are not obtaining a home loan you are at free not to have searches carried out although no conveyancer would suggest that you don't. With lots of history conveyancing in Cwmcarn the following are instances of issues that can show up and adversely impact future mortgageability: Refused Planning Applications, Overdue Fees, Outstanding Grants, Road Schemes,...
About to purchase a new build apartment in Cwmcarn. Conveyancing is necessary evil 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 few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Cwmcarn
-
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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Due to the advice of my in-laws I had a survey completed on a property in Cwmcarn before retaining lawyers. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some lenders may refuse to give a mortgage on such a property.
It varies from the lender to lender. Lloyds has different instructions from Nationwide. If you call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Cwmcarn. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Cwmcarn to see if the conveyancing will be more expensive.
I wish to rent out my leasehold apartment in Cwmcarn. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for their consent?
Your lease governs the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is prohibited, or permitted but only subject to certain conditions. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Cwmcarn do not prevent strict prohibition on subletting – such a clause would adversely affect the market value the property. In most cases there is simply a requirement that the owner notifies the freeholder, possibly sending a copy of the tenancy agreement.
Cwmcarn Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
-
Who manages the building? Is anyone aware of any major works anticipated that could increase the service costs? How much is the maintenance charge and ground rent on the flat?