I am progressing with the sale of my apartment in Fetcham and the estate agent has just e-mailed to say that the purchasers are swapping conveyancer. The excuse is that the bank will only engage with solicitors on their conveyancing panel. Why would a leading lender only engage with certain law firms rather the firm that they want to appoint to handle their conveyancing in Fetcham ?
Lenders have always had panels of law firms that can represent them, but in the past few years big names such as Santander, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 25 years.
Lenders point to the increase in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to maintain. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
Me and my partner are buying a house in Fetcham. I might seem paranoid but how we can trust a conveyancer? On the day of competition we have to deposit our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I'm the single beneficiary of my late grandmother’s estate with all property in now in my sole name, including the house in Fetcham. Conveyancing formalities meant that the Land Registry date was in May. I now wish to sell up. I understand that there is a CML six month 'rule', meaning my property ownership may be considered the same way as if I'd bought the house in May. Is the property unsalable for six months?
The CML handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. many lenders would take a pragmatic view as this clause primarily exists to pick up on the purchase and immediately sell or the quick reselling of property.
We expect to receive a OIP from UBS this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do UBS recommend any Fetcham solicitors on the UBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Fetcham solicitors independently although you'll need to choose one on the UBS conveyancing panel. The solicitor represents both you and UBS through the process.
Just had an offer accepted on a new build apartment in Fetcham. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Fetcham
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I have been on the look out for a flat up to £235,500 and identified one close by in Fetcham I like with open areas and station in the vicinity, the downside is that it's only got 52 years unexpired on the lease. I can't really find anything else in Fetcham for this price, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you need a mortgage the remaining unexpired lease term may be an issue. Reduce the offer by the expected lease extension will cost if it has not already been discounted. If the current owner has owned the property for at least twenty four months you may request that they start the process of the extension and pass it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.
How does the Landlord & Tenant Act 1954 impact my commercial property in Fetcham and how can you help?
The 1954 Act gives security of tenure to business lessees, giving them the right to apply to court for a new tenancy and remain in occupation when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Fetcham is one of the many locations in which the firms we work with have offices
In my capacity as executor for the will of my father I am selling a house in Cardiff but reside in Fetcham. My conveyancer (who is 260 miles awayhas requested that I execute a statutory declaration before completion. Can you recommend a conveyancing solicitor in Fetcham to witness this legal document for me?
Technically speaking you should not need to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will be fine regardless of whether they are based in Fetcham