We are buying a newly constructed duplex in Darlington and my conveyancer is advising me that she is duty bound to the lender to disclose incentives from the seller. I am nearing the developer’s deadline to exchange and I have no desire to delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Me and my partner are purchasing a house in Darlington. It might be a silly question but how we can trust a solicitor? On the day of competition we have to send funds into their account. What is the protection we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I'm the sole beneficiary of my late grandmother’s estate with all property in now in my sole name, including the my former home in Darlington. The Darlington property was put into my name in October. I now wish to sell up. I understand that there is a CML six month 'rule', meaning my property ownership could be considered the same way as though I had purchased the house in October. Will no one buy the property for half a year?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. Most banks would take a sensible view as this clause is chiefly there to identify subsales or the quick reselling of property.
I'm in the throws of viewing flats in Darlington and I am about to put in an offer. Is it wise to have my lawyer on ‘stand by’? I am planning to take a mortgage with Kent Reliance.
It would be prudent to instigate your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. As you are obtaining a mortgage with Kent Reliance, ask your prospective lawyers if they are on the Kent Reliance conveyancing panel otherwise they can't do the mortgage legal work.
I used Wolstenholmes a few years ago for my conveyancing in Darlington. Now, I need the documents however the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Darlington of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Darlington is where the house is located. What do you suggest?
Flying freeholds in Darlington are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Darlington you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Darlington 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.
I have been pointed in your direction by a few property agents in Darlington to choose a property lawyer using your seach tool. What’s the financial advantage for Estate Agents to recommend your lawyers over and above a competitor’s?
We refuse to make any financial incentive for sending work in our direction. We thought it would be too underhand to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
My cousin has encouraged me to instruct his conveyancers in Darlington. Should I choose my own solicitor?
There are no two ways about it the best way to select a conveyancing lawyer is to seek referrals from friends or relatives who have actually experience in using the conveyancer you're contemplating using.