I am due to exchange on the purchase of a property in Dartford but as a result of wreckage from the recent storms I have was able negotiate compensation from the owner in the sum of £2k taking the form of a adjustment in the price. I had intended this to be dealt with as part of the conveyancing process but Aldermore are not allowing this. Should they have been involved?
Any lawyer being on a Aldermore conveyancing panel is required to disclose to Aldermore of any variations to the sale price. If you prohibit your conveyancing practitioner to disclose the reduction to Aldermore then they would have to discontinue acting for you. In addition, Aldermore and you would have to appoint a new conveyancer for your conveyancing in Dartford.
Should conveyancers ask for money up-front for my conveyancing in Dartford?
Where you are retaining lawyers for conveyancing in Dartford your lawyer will request that you to provide them with funds to cover the search fees. This will be the total of the cost of the Local Authority Search. When the deposit is payable against the total price then this should be required immediately prior to exchange of contracts. Any further balance that is due should be sent to your lawyer a few days prior to the completion date.
Will my lawyer be raising questions regarding flooding during the conveyancing in Dartford.
Flooding is a growing risk for solicitors dealing with homes in Dartford. There are those who buy a house in Dartford, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to impart advice on flood risk, but there are a various searches that may be undertaken by the purchaser or by their conveyancers which will figure out the risks in Dartford. The conventional set of completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to determine if the property has suffered from flooding. In the event that the premises has been flooded in past and is not notified by the seller, then a buyer could issue a claim for damages stemming from an inaccurate response. The purchaser’s lawyers should also order an enviro search. This should reveal if there is a recorded flood risk. If so, additional inquiries will need to be conducted.
Me and my brother have a renovated Edwardian house in Dartford. Conveyancing practitioner represented me and Virgin Money. I did a free Land Registry search last week and I saw a couple of entries: the first freehold, another for leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You should read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Dartford and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the position with your conveyancing practitioner who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, no chain conveyancing. Dartford is the location of the property. Is there any guidance you can give?
Flying freeholds in Dartford are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Dartford you would need to get your solicitor to go through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Dartford may determine 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.
We are 3 weeks into a residential purchase having been referred to a firm by the selling agent to perform conveyancing in Dartford. I am not happy. Can you help me find new conveyancers?
A lawyer would have to be very poor in order to consider changing them. Has the mortgage been sent? In the event that it has you must advise them of the replacement conveyancer and get the offer are re-issued. Your new conveyancer needs to be on the mortgage company approved list to avoid escalating costs and frustration. That should be your starting point. Our search tool should assist you in finding a bank approved solicitor for your home move in Dartford