Can you clarify what the consequences are if my lawyer’s firm is removed from the Nottingham Solicitor panel ahead of completing my conveyancing in Erith?
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 at a cost.
Have just purchased a repossessed house at auction in Erith. Conveyancing is necessary. What is next?
Having legally committed yourself to purchase you should retain a conveyancing solicitor soon as you are facing a pending deadline in which to complete the property. All auction property should have a corresponding legal set of papers. This will include evidence of title and search results. Where you are dealing with leasehold property the auction pack may include a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation relating to leasehold premises. You need to hand this to the conveyancer instructed by you ASAP. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
Is it correct that all Erith CQS (Conveyancing Quality Scheme) solicitors are on the Skipton conveyancing list of approved firms?
Some major banks and building societies now utilise the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
I've read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Erith solicitor - who is on the RBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS 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. You may wish to consider appointing your own Erith surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Should our solicitor be asking questions about flooding as part of the conveyancing in Erith.
Flooding is a growing risk for lawyers specialising in conveyancing in Erith. There are those who acquire a house in Erith, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, however there are a number of searches that can be carried out by the buyer or by their solicitors which will give them a better understanding of the risks in Erith. The standard property information forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to discover if the property has ever been flooded. In the event that the premises has been flooded in past which is not notified by the vendor, then a purchaser may issue a legal claim for losses resulting from an misleading reply. The purchaser’s conveyancers should also order an enviro search. This will indicate whether there is a recorded flood risk. If so, more detailed inquiries will need to be initiated.
I decided to have a survey carried out on a property in Erith ahead of retaining conveyancers. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some lenders will refuse to issue a loan on such a home.
It depends who your proposed lender is. Santander has different requirements for example to Halifax. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Erith. Conveyancing will be smoother if you use a solicitor in Erith especially if they are familiar with such properties in Erith.
What does commercial conveyancing in Erith cover?
Non domestic conveyancing in Erith incorporates a wide range of services, given by regulated solicitors, relating to business property. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
I need to retain a conveyancing solicitor for remortgage conveyancing in Erith. I have chance upon a site which appears to be the ideal offering If it is possible to get all formalities done via phone that would be preferable. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?