Completed the sale of my flat in Esher last October yet the purchaser is Skype messaging every few hours to say his solicitor is waiting to hear from myconveyancer. What should my lawyer have done now that I have sold?
Following your disposal your solicitor should deliver the transfer documentation and all additional paperwork to the buyer’s lawyers. Depending on the transaction, your solicitor should also evidence that the legal charge in favour of the lender has been paid off to the purchasers lawyers. There is unlikely to be post completion requirements peculiar conveyancing in Esher.
I had intended to instruct a property lawyer in Esher for our home move. Our broker informed us that our bank National Westminster Bank won't deal with them. Why is this not regarded as unfair competition?
Mortgage Companies normally imposes restrictions either the category or the volume of conveyancing practices on their approved list of lawyers. A common example of such criteria being that a law practice must not be a sole practitioner. As well as restricting the profile of firm, some have decided to limit the amount of solicitor practices they permit to represent them. Be aware that National Westminster Bank have no responsibility for the quality of advice provided by any member of National Westminster Bank Conveyancer Panel. Mortgage fraud was a key driver in the reduction of conveyancing panels a few years ago even though there remains mixed opinions regarding the extent of solicitor engagement in some of that fraud. Figures from the Land Registry indicate that thousands of law firms, including some in or near Esher only perform one or two conveyances a year.
Will my conveyancer be asking questions about flooding as part of the conveyancing in Esher.
Flooding is a growing risk for conveyancers carrying out conveyancing in Esher. Some people will purchase a house in Esher, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Esher. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the seller to determine whether the property has ever been flooded. In the event that the property has been flooded in past and is not disclosed by the owner, then a buyer may issue a legal claim for losses as a result of such an incorrect response. The purchaser’s solicitors may also order an environmental report. This will higlight whether there is any known flood risk. If so, more detailed investigations should be initiated.
Is it simple use your search facility to choose a conveyancing practitioner in Esher on the panel for my bank?
First select a bank such as Santander, The Royal Bank of Scotland or Godiva Mortgages Ltd then choose your location for instance Esher. Conveyancing organisations in Esher and further afield should be shown.
I am 3 weeks into a leasehold purchase having been directed to a firm by the high street agent to carry out the conveyancing in Esher. We are not happy. Can you you assist me in finding new solicitors?
A solicitor would need to be really poor to suggest replacing them. Has the mortgage been sent? In the event that it has you need to inform them of the new contact details and have the mortgage documents are re-sent. Your new solicitor ideally needs to be on the mortgage company panel to avoid added fees and frustration. So that should be your first question of the new lawyers. Our search tool will help you find a lender approved lawyer for your conveyancing in Esher
I've recently bought a leasehold house in Esher. Do I have any liability for service charges for periods before my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Following months of correspondence we cannot agree with our landlord on how much the lease extension should cost for our flat in Esher. Can we issue an application to the Residential Property Tribunal Service?
if there is a missing landlord or if there is dispute about the premium for a lease extension, under the relevant statutes it is possible to make an application to the First-tier Tribunal (Property Chamber) to judgment on the sum to be paid.
An example of a Lease Extension matter before the tribunal for a Esher property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case affected 1 flat.