Having sold my house in Great Missenden last April but my buyer keeps SMS messaging daily complaining that his conveyancer is waiting to hear from mysolicitor. What are the post completion sale formalities following completion?
Following your disposal your conveyancer is obliged to forward the transfer documentation and all supplemental paperwork to the purchaser's lawyers. Where relevant, your lawyer must also send confirmation that the legal charge in favour of the lender has been repaid to the buyers solicitors. There is unlikely to be post completion steps unique to conveyancing in Great Missenden.
I happen to be the sole beneficiary of my late mum's will with all property in now in my sole name, including the my former home in Great Missenden. Conveyancing formalities meant that the Land Registry date was in February. I now wish to sell up. I understand that there is a CML six month 'rule', meaning my property ownership may be treated the same way as though I had purchased the property in February. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges 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 might be impacted by that. Most mortgage companies would take a sensible view as this obligation is chiefly there to capture subsales or the flipping of properties.
We were going to get a AIP from Leeds Building Society this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Leeds Building Society recommend any Great Missenden solicitors on the Leeds Building Society conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Great Missenden solicitors independently although you'll need to choose one on the Leeds Building Society conveyancing panel. The solicitor represents both you and Leeds Building Society through the process.
I have decided to exercise my right to buy my property in Great Missenden off the council. I have a mortgage offer with Kent Reliance. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
I am close to exchanging contracts on the sale of our house in Great Missenden and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any local lawyer would know this is not the case. It does beg the question why the buyers are using an online conveyancing outfit rather than a conveyancing solicitor in Great Missenden. We have lived in Great Missenden for 4 years we know of no issue. Do we get in touch with our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing lawyer already. What do they say? 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 health insurance to cover that same illness)
How does conveyancing in Great Missenden differ for newly converted properties?
Most buyers of new build premises in Great Missenden contact us having been asked by the builder to sign contracts and commit to the purchase even before the residence is completed. This is because builders in Great Missenden usually purchase the site, 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 Great Missenden or who has acted in the same development.
I decided to have a survey completed on a property in Great Missenden before appointing lawyers. I have been told that there is a flying freehold element to the house. My surveyor advised that some banks may not grant a loan on this type of home.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. Should you wish to telephone us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Great Missenden. Conveyancing will be smoother if you use a solicitor in Great Missenden especially if they are familiar with such properties in Great Missenden.
Having checked my lease I have discovered that there are only Sixty One years left on my flat in Great Missenden. I now want to get lease extension but my landlord is absent. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to find the lessor. In some cases a specialist would be useful to carry out a search and to produce a report which can be used as proof that the freeholder is indeed missing. It is advisable to get professional help from a conveyancer in relation to devolving into the landlord’s disappearance and the vesting order request to the County Court covering Great Missenden.
Great Missenden Leasehold Conveyancing - Sample of Queries before buying
-
What is the maintenance charge and ground rent on the property? Plenty Great Missenden leasehold apartments will have a service charge for the upkeep of the building set by the landlord. Should you buy the flat you will have to meet this charge, normally quarterly accross the year. This may differ from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all likelihood there will be a ground rent for you to pay annual, normally this is not a large amount, say around £25-£75 but you should to check as occasionally it could be surprisingly expensive. Best to be warned whether window replacement or some other major work is pending to be shared by the leaseholders and will dramatically impact the level of the maintenance charges or require a one time invoice.