I selected a high street firm for my conveyancing in Folkestone last week. Upon checking the Terms I noteI am liable for costs even if the sale aborts. Should I go with them or select a web based solicitor practice promoting no-sale-no-fee conveyancing in Folkestone?
It is usually a trade off in that if "No Sale No Fee" is offered then the conveyancing charges will tend to be be more expensive to cover the cases that do not proceed. Please beware that such arrangements generally do not cover outlay e.g. Folkestone conveyancing search expenses.
We are buying a 4 bedroom semi-detached house in Folkestone. The intention is to convert the garage to a playroom at the property.Will the conveyancing process include investigations to determine if these alterations are permitted?
Your property lawyer should check the deeds as conveyancing in Folkestone can on occasion identify restrictions in the title documents which restrict certain works or need the consent of a 3rd party. Certain works call for local authority planning permissions and approval under the building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. You should check these things with a surveyor ahead of any purchase.
I'm the sole beneficiary of my late mum's estate with all property in now in my sole name, including the my former home in Folkestone. The Folkestone property was put into my name in April. I plan to dispose of the property. I do know about the CML 6 month 'rule', meaning my property ownership could be considered the same way as though I had purchased the house in April. Is the property unsalable for six months?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How sensible a view banks take of it, depend on the lender as this clause principally exists to identify the purchase and immediately sell or the wholesaling and assigning of properties.
After weeks of negotiation I have agreed a price on a house in Folkestone. My mortgage broker suggested a conveyancer. I paid an advanced payment of £200. A couple of days later, the lawyer called me embarrassingly acknowledging that they were not on the HSBC conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the HSBC panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
How does conveyancing in Folkestone differ for newly converted properties?
Most buyers of new build residence in Folkestone contact us having been asked by the builder to exchange contracts and commit to the purchase even before the property is finished. This is because builders in Folkestone usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Folkestone or who has acted in the same development.
Is it best to choose a Folkestone conveyancing practitioner based in the area that I am buying? I have an old university friend who can execute the legal formalities however her office is 200miles away.
The primary upside of using a local Folkestone conveyancing firm is that you can visit the firm to sign documents, hand in your identification documents and pester them if necessary. They will also have local intelligence which is a plus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust instructed your friend and the majority were happy that must trump using an unknown Folkestone conveyancing lawyer solely due to them being Folkestone based.
I own a leasehold house in Folkestone. Conveyancing and Santander mortgage are in place. A letter has just been received from someone claiming to own the reversionary interest in the property. It included a ground rent demand for rent dating back to 1994. The conveyancing solicitor in Folkestone who acted for me is not around. What should I do?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Folkestone conveyancing solicitor to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
Leasehold Conveyancing in Folkestone - Sample of Queries Prior to buying
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Be sure to discover if the the lease includes any adverse restrictions in the lease. For example some leases prohibit pets being permitted in certain buildings in Folkestone. If you love the flatin Folkestone but your dog can’t move with you then you will be faced difficult compromise. Where a Folkestone lease has less than eighty years it will have adverse implications on the marketability of the flat. Check with your mortgage company that they are content with remaining years on the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease at some point and you need to have some idea of what this will be. Remember, in most cases you will be required to have been the owner of the residence for 24 months before you are legally able to carry out a lease extension. How much is the ground rent and service charge?
I have selected a Folkestone conveyancing solicitor for our house purchase (FTB’s) and have picked up in the Ts and Cs that they are not governed by the FCA. Should I be concerned or is that the norm with property lawyer?
We can't see why they should be. Most conveyancer don't lend money. You should check that they are governed by the SRA, who dictate strict conditions covering amounts deposited by them.