Me and my partner are intending to buy a 2 bedroom apartment in Desborough with a mortgage. We wish to retain our Desborough solicitor, however the mortgage company advise she’s not on their "panel". It appears that we have little choice but to instruct one of the lender panel conveyancing practices or keep our Desborough solicitor and pay for one of their panel lawyers to act for them. We regard this is inequitable; is there anything we can do?
No, not really. 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. A further alternative is for your Desborough conveyancing solicitor to apply to be on the conveyancing panel.
Having sold my house in Desborough last September yet the purchaser is SMS messaging daily to moan that her lawyer is waiting to hear from mine. What are the post completion sale legalities now that I have sold?
After completion of your disposal your solicitor should send the transfer deeds and all supplemental paperwork to the buyer’s conveyancer. Depending on the transaction, your conveyancer should also send confirmation that the legal charge in favour of the lender has been paid off to the purchasers conveyancers. There are no post completion procedures specific conveyancing in Desborough.
I have been told that property searches are a common cause of stalling in Desborough house deals. Is this right?
The Council of Property Search Organisations (CoPSO) released determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the most frequent causes of hindrances in the conveyancing process. Searches are not likely to feature in any delay in conveyancing in Desborough.
Are there restrictive covenants that are commonly picked up during conveyancing in Desborough?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Desborough. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Desborough differ for newly converted properties?
Most buyers of new build property in Desborough come to us having been asked by the developer to sign contracts and commit to the purchase even before the premises is constructed. This is because new home sellers in Desborough usually purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Desborough or who has acted in the same development.
We are in the process of purchasing a house in Desborough. Can our conveyancer keep our purchase price private from the likes of Rightmove. Is this achievable and how?
HM Land Registry are legally required to note price paid data on the official title for residential properties countrywide including homes in Desborough. The register of title is an open document, so HMLR would be breaching their statutory duty excluded specific properties such as your one in Desborough.
In essence you can make a request of HMLR to withhold the amount paid entry however the answer will be a No.