We are hoping to buy a purpose built apartment in Fleet with a homeloan from Bank of Scotland.We would like to retain our Fleet conveyancing practitioner but Bank of Scotland advised that her practice is not listed on their approved list of firms. It seems we have no choice but to instruct a Bank of Scotland panel solicitor or retain our high street solicitor and pay for one of their panel ones to act for them. This seems very unfair; Can we not simply insist that Bank of Scotland use our lawyer?
Unfortunately,no. The home loan issued to you contains various provisions, one of which will be that conveyancers must be on the Bank of Scotland solicitor panel. Until recently, most banks had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Bank of Scotland
My bid for a property was accepted at auction in Fleet. Conveyancing is necessary. What are my next steps?
Given that you have now exchanged you will need to appoint a conveyancing practitioner as a matter of priority as you are facing a pending deadline in which to complete the transaction. An auction property will have an associated auction set of papers. This will include most,if not all of the documents that your solicitor requires. In the case of leasehold premises the auction pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to a leasehold property. You should give this to the conveyancer instructed by you ASAP. Do make sure that that you have the requisite funding in place to complete the transaction on the set completion date.
This question may be naive but I am wet behind the ears as a 1st time purchaser of a two bedroom flat in Fleet. Do I pick up the keys to the property on completion from my lawyer? If so, I will instruct a High Street conveyancing solicitor in Fleet?
On the day of completion you do not need to go to the conveyancers office in Fleet. Conveyancing lawyers for you will transfer the completion advance to the owner’s solicitors, and shortly after the monies have arrived, you will be invited to collect the keys from the property Agents and move into your new home. Usually this happens between 1 and 3pm.
Can I be sure that the Fleet conveyancing solicitor on the Leeds Building Society panel is any good?
When it comes to conveyancing in Fleet obtaining recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the lawyer carrying out your conveyancing.
I am close to exchanging contracts on the sale of our house in Fleet and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local lawyer would know this is not the case. It does beg the question why the buyers instructed an online conveyancing practice rather than a conveyancing solicitor in Fleet. We have lived in Fleet for many years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain confirmation that there is no issue.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Fleet?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Fleet. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Last July I purchased a leasehold house in Fleet. Am I liable to pay service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee 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. A critical element of leasehold conveyancing for your conveyancer to be sure 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).
Fleet Conveyancing for Leasehold Flats - Sample of Queries before buying
-
How much is the ground rent and service charge? How many of the leaseholders are in arrears for their maintenance charge payments?
My hope is to purchase a ground floor apartment in Fleet. Conveyancing solicitor has been awaiting, from the owner, building insurance documents. Earlier today I was informed that the owner needs to forward the insurance documents for the flat above as well. Why does my solicitor want to review the insurance for the flat above? Is it really necessary? We have been waiting for the last fortnight…
It is not impossible in leasehold conveyancing in Fleet to discover Conveyancing in Fleet in a minority of cases reveals that the lease obliges the tenant's to insure their individual flats as opposed to the freeholder insuring the whole building - which is clearly better. You should contact your conveyancer but it would appear that your property lawyer is attempting to verify that the complete building is insured. Insuring a ground floor residence is no help when it comes to rebuilding after a fire if the other flat cannot be rebuilt as a result of lack of insurance cover.