Having invested time researching consumer advice sites for a conveyancing lawyer in Freshwater, many post that I should use a CQS kitemarked solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in the legal transfer of properties, trusted by some of the UK's major banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). CQS is not a scheme offered by the Society for Licensed Conveyancers. Freshwater is one of the numerous areas of the UK where there are Accredited solicitors.
We had chosen conveyancing lawyers located in Freshwater on the Yorkshire BS solicitor panel. They have just billed me a supplemental sum for the legal aspects of the Yorkshire BS mortgage. Is this an additional conveyancing fee set by Yorkshire BS?
Provided it is contained in their Terms of Engagement or Quote then yes your conveyancing practitioner is entitled to charge a fee for this. This charge is not set by Yorkshire BS but by your Freshwater conveyancer. Some firms on the Yorkshire BS panel will charge an ‘acting for lender’ fee and others do not.
My wife and I are in the process of looking at apartments in Freshwater and I am now considering a potential offer. Is it too early to have a solicitor in place? I am planning to take a home loan with Clydesdale.
It would be advisable to instigate your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the EA. Given that you are taking out a mortgage with Clydesdale, ask your prospective lawyers if they are on the Clydesdale conveyancing panel otherwise they can't do the mortgage legal work.
I've digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Freshwater solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Freshwater surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
My partner and I are downsizing from our home in Freshwater and according to the buyers it appears that there is a possibility that the property was built on contaminated land. Any high street Freshwater conveyancer would know that there is no such problem. For the life of me I don't know why the buyers are using a nationwide conveyancing firm rather than a conveyancing solicitor in Freshwater. We have lived in Freshwater for three years we know of no issue. Do we get in touch with our local Authority to seek clarification need.
It would appear that you have a conveyancing firm currently acting for you. Are they able to advise? You should enquire of 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 sickness)
I am buying a new build house in Freshwater benefiting from help to buy. The builders would not move on the price so I negotiated £7000 of extras instead. The sale representative told me not inform my conveyancer about the deal as it will put at risk my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Freshwater is where the house is located. Can you offer any guidance?
Flying freeholds in Freshwater are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Freshwater you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Freshwater may ascertain 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 premises.
I am 14 days into a freehold purchase having been directed to conveyancers by the local agent to carry out the conveyancing in Freshwater. We are not happy. Could you help me find new lawyers?
They would need to be really poor to suggest diss instructing them. Has the loan offer been issued? If so you must make them aware of the new contact details and ensure the loan are issued to the new lawyers. Your conveyancer needs to be on the lenders approved list to avoid escalating costs and frustration. That should be your starting point. Our search tool can assist you in finding a lender approved lawyer for your conveyancing in Freshwater