We are nearing an exchange on a property in Edith Weston and my mum and dad have sent the exchange deposit to my conveyancer. I am now advised that as the deposit has been sent from someone other than me my conveyancer needs to disclose this to my mortgage company. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the lender regarding my parents' contribution when I applied for the home loan, so is it really appropriate for this now to be an issue?
The conveyancing practitioner is duty bound to check with mortgage company to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only report this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Please explain the implications if my solicitor is suspended from the Bank of Ireland Solicitor panel ahead of completing my conveyancing in Edith Weston?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Various internet forums that I have come across warn that are the number one reason for hinderance in Edith Weston house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances in the conveyancing process. Searches are not likely to feature in any delay in conveyancing in Edith Weston.
Are there restrictive covenants that are commonly picked up during conveyancing in Edith Weston?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Edith Weston. 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…’
My cousin has recommend that I use his conveyancing solicitors in Edith Weston. Should I find my own solicitor?
No doubt the best way to choose a conveyancing lawyer is to seek recommendations from friends or relatives who have actually previously instructed the firm that you are contemplating using.
Frank (my husband) and I may need to let out our Edith Weston 1st floor flat temporarily due to a new job. We used a Edith Weston conveyancing practice in 2004 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
Some leases for properties in Edith Weston do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Edith Weston Conveyancing for Leasehold Flats - A selection of Questions you should consider before buying
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It is important to be aware whether window replacement or some other significant cost is pending to be shared amongst the leasehold owners and will dramatically increase the the maintenance costs or result in a specific invoice. Is there a share of the freehold? Are any of leasehold owners in arrears of their service charge payments?