My Elland solicitor has identified an inconsistency between the assumptions in the valuation survey and what is revealed within the title deeds. My lawyer says that he is duty bound to check that the lender is happy with this discrepancy and is content to go ahead. Is my solicitor’s stance right?
Your lawyer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
I am helping my niece sell her house in Elland. Does the conveyancer commission an energy assessment or it is for the seller to see to?
After the demise of Home Packs, EPC’s remained a mandatory component of selling a house. An energy assessment needs to be to hand in advance of the property being advertised. It is not as aspect of the sale process that law firms normally organise. If you are instructing a Elland conveyancing lawyer they might help arrange energy performance certificates due to their relationships with long established local energy assessors
My aunt informed me that in buying a property in Elland there could be a number of restrictions preventing external changes to a property. Is this right?
There are a number of properties in Elland which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Elland should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have been advised by my conveyancer that restrictive coveneant insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Elland?
The right level of restrictive coveneant indemnity insurance depends on who your lender is. It would differ for example between Nationwide Building Society and Virgin Money. Conveyancing lawyers as opposed to members of the public take out such policies.
My relative advised me that if I am purchasing in Elland I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes quoted for as part of the standard Elland conveyancing searches. It is a large report of more than thirty pages, listing and detailing important information about Elland around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Elland Education with maps and statistics, Local Amenities and other useful data about Elland.
My wife and I have a semi-detached Georgian property in Elland. Conveyancing practitioner acted for me and Chelsea Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold under the matching address. Is it worth asking Chelsea Building Society to clarify?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Elland and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with the conveyancing lawyer who carried out the work.
I am purchasing my first flat in Elland benefiting from help to buy. The builders refused to reduce the price so I negotiated 6k of extras instead. The house builders rep advised me not disclose to my solicitor about this deal as it could jeopardize my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Some weeks ago I was advised by my bank that their panel solicitors operate no sale no fee basis for conveyancing in Elland. I had a purchase fall through yet the solicitors want search fees! They say the fees are nothing to do with their fees!
By offering "no completion no fee" Elland conveyancing practices are waiving their charges for any work carried out. We should make it clear that this is NOT an insurance scheme. Disbursements aren’t covered – where the conveyancing practitioner have to pay money out to other people, for instance Elland local search fees