We are buying a new build flat in Dursley and my solicitor is advising me that she is duty bound to the bank to reveal incentives from the builder. I am on a tight deadline to sign contracts and I have no desire to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
As a first time buyer what is the most important piece of guidance you can impart regarding purchase conveyancing in Dursley?
You may not hear this from too many lawyers but conveyancing in Dursley and elsewhere in England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there is an abundance of room for conflict between you and others involved in the legal transfer of property. For example, the seller, estate agent and on occasion your bank. Selecting a law firm for your conveyancing in Dursley an important selection as your conveyancer is your adviser, and is the ONE party in the legal process whose interest is to look after your best interests and to keep you safe.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone has to be at fault for the process being so protracted. You your first instinct should be to trust your solicitor ahead of the other parties when it comes to the legal transfer of property.
We wanted to use a property lawyer in Dursley for our house move. Our broker informed us that our mortgage company Barclays Direct won't deal with them. Why is this not regarded as unfair competition?
Mortgage Companies tend to restrict either the category or the volume of conveyancing practices on their member panel. A common example of such restriction(s) being that a firm must not be a sole practitioner. In addition to restricting the profile of firm, some have reduced the number of solicitor practices they use to represent them. You should note that Barclays Direct have no responsibility for the quality of advice provided by any member of Barclays Direct Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of solicitor panels a few years ago even though there are differing views concerning the extent of solicitor involvement in some of that fraud. Data from the Land Registry reveal that hundreds of law firms, including some in or near Dursley only carry out a couple conveyances a year.
I have todaybeen informed that Arc property Solicitors have closed. They carried out my conveyancing in Dursley for a purchase of a freehold house 18 months ago. How can I establish that the property is in my name in the name of the previous owner?
The easiest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Dursley conveyancing specialists.
I am buying a new build apartment in Dursley. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Dursley
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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.
What tools are available to find a Dursley conveyancing solicitor on the mortgage company conveyancing panel? I have a car and am prepared to travel up to 10miles to meet the conveyancer.
Feel free to make use of the find a conveyancing panel search on this page. Please choose the lender and your location, in this case Dursley and you will see a number of lawyer located nearest Dursley. Alternatively you can type in the name of your proposed law firm and see if they are listed as being on the lender solicitor panel.