My wife and I are hoping to purchase a 1 bedroom apartment in Earley with a mortgage. We have a Earley conveyancer, however the lender advise she’s not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or retain our Earley property lawyer and pay for one of their panel lawyers to represent them. We regard this is unjust; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. Another option that might be available is for your Earley conveyancing lawyer to apply to be on the conveyancing panel.
Do the conveyancing practitioners identified through your search tool conduct auction conveyancing in Earley?
There are a number of niche lawyers we can connect you with those specialising in auction conveyancing. Earley is one of our locations where our lawyers are based.
It is is a decade since I acquired my home in Earley. Conveyancing lawyers have recently been instructed on the sale but I can't track down the title deeds. Is this a problem?
Don’t worry too much. First the deeds may be kept by the mortgage company or they may be archived with the conveyancers who oversaw the purchase. Secondly the chances are that the land will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Almost all conveyancing in Earley involves registered property but in the rare situation where your property is unregistered it adds to the complexity but is resolvable.
Can I be sure that the Earley conveyancing solicitor on the Virgin Money panel is any good?
When it comes to conveyancing in Earley getting recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always suggest that you speak with the lawyer conducting your transaction.
I am currently in the process of buying my council flat in Earley. I have a mortgage agreed with Lloyds. Conveyancing is new to me. 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 Lloyds, you will need to appoint a solicitor on the Lloyds conveyancing panel.
I currently have a mortgage with Bank of Ireland for my property in Earley. Conveyancing has been completed some time ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Bank of Ireland?
Bank of Ireland must be informed of your intention before 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. It should not be necessary to do this via a Bank of Ireland conveyancing panel lawyer.
Should our lawyer be making enquiries concerning flooding during the conveyancing in Earley.
Flooding is a growing risk for solicitors dealing with homes in Earley. There are those who purchase a house in Earley, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Solicitors are not best placed to impart advice on flood risk, but there are a number of checks that can be carried out by the buyer or on a buyer’s behalf which should figure out the risks in Earley. The standard information supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to determine whether the property has ever been flooded. If flooding has previously occurred and is not notified by the seller, then a purchaser could commence a claim for damages stemming from an incorrect reply. A buyer’s conveyancers should also carry out an environmental search. This should reveal whether there is any known flood risk. If so, additional inquiries will need to be conducted.
Just had an offer accepted on a new build flat in Earley. Conveyancing is necessary evil 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 conveyancing.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Earley
-
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. 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. 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.