The sellers of the house we are purchasing hired a conveyancing solicitor in Exmouth who has insisted on a exclusivity contract with a down payment 10k. Is it wise to enter into such agreements?
There are a couple of primary concerns with entering into any lock out agreement (occasionally known as an exclusivity agreement) is that it takes away the focus from making progress with the conveyancing transaction itself, so in the absence of it needing little or no negotiation then it may transpire to be unhelpful. It is not strongly advocated amongst Exmouth conveyancing lawyers for this reason. A further issue is the extent of the remedies available - an aggrieved purchaser should not expect to be granted an injunction to prohibit the vendor selling to another buyer, so the only remedy available under the agreement will be the recovery of wasted costs and, in limited scenarios, the additional payment of damages.
I have a decision in principle. The lender mentioned the loan came with free conveyancing. Is the implication that I have to appoint their panel conveyancer as I would prefer to use a high street conveyancing solicitor in Exmouth?
You should check but the chances are that allocate you one of their panel lawyers where you want the "fee-free" deal. Speak to the mortgage company and explore if they allow a cash alternative. Some lenders have previously offered a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor in Exmouth.
Will our solicitor be making enquiries regarding flooding during the conveyancing in Exmouth.
The risk of flooding is if increasing concern for solicitors dealing with homes in Exmouth. There are those who acquire a house in Exmouth, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, however there are a various searches that may be undertaken by the purchaser or by their lawyers which can figure out the risks in Exmouth. The standard information sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual question of the vendor to discover whether the premises has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the seller, then a buyer may commence a claim for damages as a result of such an misleading reply. The buyer’s solicitors will also conduct an enviro search. This should reveal whether there is a recorded flood risk. If so, additional investigations should be made.
I have justbeen informed that Stirling Law have been shut down. They conducted my conveyancing in Exmouth for a purchase of a freehold house 12 months ago. How can I be sure that my home is in my name in the name of the previous owner?
The quickest way to check if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Exmouth conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Exmouth is where the house is located. Can you offer any assistance?
Flying freeholds in Exmouth are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Exmouth you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Exmouth may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
In my capacity as executor for the estate of my grandmother I am disposing of a house in Cardiff but I am based in Exmouth. My lawyer (approximately 260 kilometers from merequires that I sign a stat dec prior to completion. Can you recommend a conveyancing practitioner in Exmouth to witness this legal document for me?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are located in Exmouth