The owners of the home we are hoping to buy have instructed a conveyancing solicitor in Duffield who has insisted on a exclusivity agreement with a deposit 10k. Are such arrangements the norm for Duffield conveyancing transactions?
There are a couple of main concerns with signing a lock out contract (sometimes termed a shut-out contract) is that it takes away the focus from progressing with the conveyancing process, so unless it requires little or no negotiation then it could turn out to be a cause of frustration and delay. It is not strongly advocated by Duffield conveyancing solicitors for this reason. The other main issue is the extent of the remedies available - an aggrieved purchaser should not expect to secure an injunctive ruling by a court to prevent the seller completing the sale to a third party, so the only remedy available under the contract will be the recovery of abortive costs and, in limited circumstances, the extra payment of damages.
I just acquired a house at auction in Duffield. Conveyancing is needed. What is next?
Now that you have exchanged you will need to choose a conveyancing lawyer as a matter of urgency as you will have a fast approaching deadline in which to complete the property. All auction property should have an associated auction pack. This will likely include evidence of title and search results. Where you are dealing with leasehold property the auction pack may provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork pertinent to leasehold premises. You need to give this to the lawyer instructed by you as soon as possible. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
I have a mortgage with Bank of Ireland for my property in Duffield. Conveyancing has been completed 12 months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Bank of Ireland?
Bank of Ireland must be informed of your intention in advance of letting out your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. You need not do this via a Bank of Ireland conveyancing panel lawyer.
My offer was accepted on a property in Duffield on 19/2/2025, valuation was booked 4 days after, all came back fine. Conveyancer appointed, so the only thing outstanding was my mortgage offer. Having made daily calls to Clydesdale and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Clydesdale conveyancing panel. Are Clydesdale entitled to hold back the Mortgage pending the lawyer being on the approved list?
Mortgage companies tend not to not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Clydesdale to deal with your lawyer's application to be on the Clydesdale conveyancing panel. There's no guarantee that your solicitor will be accepted.
Are there restrictive covenants that are commonly identified as part of conveyancing in Duffield?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Duffield. 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…’
I am buying a new build flat in Duffield. Conveyancing is a frightening process 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 conveyancing.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Duffield
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore.
I need to appoint a conveyancing solicitor for sale conveyancing in Duffield. I happened to chance upon a site which seems to have the ideal solution If it is possible to get all the legals completed via phone that would be ideal. Do I need to be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
I purchased a flat in Duffield last 15/3/2024 and to date it is still not registered with the Land Registry. It was part of a new estate and my conveyancer told me that it may take twelve months to register. I have spoken with HM Land Registry directly and they say that the initial application was cancelled due to failure to reply to requisitions. Should I be concerned?
Call your lawyer - Where you are unsatisfied with the responses, enquire as to their firm’s complaints procedure and amplify your concerns to a Partner. Registrations for Duffield conveyancing are not known to be significantly delayed.