Our solicitor has identified a a legal deficiency with the lease for the apartment we are purchasing in Ely. The other side have put forward title insurance as a workaround. We are happy with insurance and will cover the costs. Our lawyer has advised that he must ensure that the mortgage company is willing to move forward with this solution. Are we the client or is the mortgage company ?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the mortgage company are the client. The appropriate lender conditions have to be complied with.
Why do I have to pay up front when it comes to conveyancing in Ely?
Where you are retaining lawyers for conveyancing in Ely your lawyer will ask you to provide them with monies to cover the the cost of the conveyancing searches. This will be the total of the cost of the Local Authority Search. When the down payment is as part of the total price then this will be required immediately before contracts are exchanged. The closing balance that is needed should be transferred shortly before completion.
My Conveyancer in Ely is not on the Skipton Building Society Solicitor Panel. Is it possible for me to retain my prefered solicitor even though they are not on the Skipton Building Society approved list?
The limited options open to you here include:
- Carry on with your existing Ely lawyers but Skipton Building Society will need to instruct a conveyancer on their list of acceptable firms. This will inevitably rack up the total conveyancing fees and result in frustration.
- Choose a new solicitor to to deal with the conveyancing, obviously checking they are Persuade your lawyer to use their best endeavours to join the Skipton Building Society conveyancing panel
I am purchasing a end of terrace house in Ely. We would like to convert the garage to a playroom at the house.Will legal investigations on the property include checks to see if these works are permitted?
Your conveyancer should check the registered title as conveyancing in Ely can sometimes reveal restrictions in the title documents which restrict certain works or need the consent of a 3rd party. Some additions call for local authority planning permissions and approval in compliance with building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Ely solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Ely postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Ely.
Clydesdale have agreed my home loan in principle, my offer on a apartment in Ely has been accepted, what happens next?
The property agent will wish to know who your solicitors are (ensure that the solicitors are on the bank’s approved list). Telephone Clydesdale or the broker and finish off any outstanding paperwork. Clydesdale will appoint a valuer who will get in touch with the estate agent or owners to arrange an appointment. Once carried out (assuming no problems) it takes approximately a fortnight to get a mortgage offer. Clydesdale will issue the offer to you and your conveyancers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Ely.
I used Wolstenholmes a few years past for my conveyancing in Ely. Now, I need the documents but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Ely of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Is it true that a Ely conveyancing practice got sued by a client for failing to conduct the right conveyancing searches?
Our attention has not be brought to such a Ely conveyancing matter but according to a recent report, a couple acquiring a property elsewhere in England successfully won a claim against their lawyer as a consequence of development plans to construct a wind farm not being identified in conveyancing searches.
Where you are purchasing in Ely It is important that your conveyancing practitioner conduct all Ely conveyancing searches required to ensure you have relevant and up to date information before buying a property.