My son is purchasing a newly built flat in Diss with a home loan from Lloyds. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
As someone unfamiliar with the Diss conveyancing process what is the number one tip you can give me for the house moving process in Diss
You may not hear this from too many lawyers but conveyancing in Diss or throughout Norfolk is an adversarial process. In other words, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and others involved in the ownership transfer. For example, the seller, estate agent and on occasion your mortgage company. Choosing a solicitor for your conveyancing in Diss an important selection as your conveyancer is your adviser, and is the SOLE party in the process whose role it is to protect your best interests and to protect you.
On occasion a third party with a vested interest may attempt to convince you that you should follow their advice. For example, the estate agent may claim to be assisting by claiming that your conveyancer is slow. Or your financial adviser may advise you to do take action that is against your lawyers guidance. You should always trust your lawyer above all other parties in the home moving process.
A relative pointed out to me me that in buying a property in Diss there may be various restrictions preventing external changes to the property. Is this right?
There are anumerous of properties in Diss which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Diss should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am currently in the process of buying my council flat in Diss. I have a mortgage offer with Skipton. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Skipton, you will need to appoint a solicitor on the Skipton conveyancing panel.
Completion of my remortgage has taken place for my property in Diss. Conveyancing was a necessary evil but I would like to complain about the lender. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. We understand that complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
Should my conveyancer be making enquiries regarding flooding as part of the conveyancing in Diss.
Flooding is a growing risk for conveyancers conducting conveyancing in Diss. Plenty of people will acquire a property in Diss, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, but there are a various searches that may be undertaken by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Diss. The standard information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the owner to determine whether the property has suffered from flooding. If the residence has been flooded in past which is not notified by the owner, then a buyer may commence a legal claim for losses as a result of such an incorrect reply. The buyer’s lawyers may also commission an environmental report. This should reveal if there is any known flood risk. If so, further investigations will need to be initiated.
I've recently found out that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a quick, no chain conveyancing. Diss is the location of the property. Can you shed any light on this issue?
Flying freeholds in Diss are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Diss you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Diss 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 property.
Why is New Build conveyancing in Diss more expensive?
Acquiring a brand new property is significantly distinct from the standard house purchase conveyancing in Diss. Firstly housebuilders ordinarily insist contracts to exchange very quickly, the result being a lot of pressure on your property lawyer to make sure everything is in order. Furthermore new build premises frequently involve examination of adoption of highways, drains, planning considerations, building warranties or architects certificates. Bank requirements are also more detailed. Given the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.