I am acquiring a new build duplex in Hale and my solicitor is advising me that she has to the bank to reveal incentives from the seller. I am on a tight deadline to exchange and I would rather not delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I happen to be the only recipient of my late father’s will with all property in now in my sole name, including the house in Hale. The Hale property was put into my name in February. I now wish to sell up. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship 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 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. Some mortgage companies would take a practical view as this provision principally exists to capture the purchase and immediately sell or the wholesaling and assigning of properties.
Completion of my remortgage has taken place for my property in Hale. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are sorted out effectively and efficiently. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
I recently had an offer accepted on an apartment in Hale. My financial adviser pressured me to appoint their property lawyer. I paid an upfront payment of £150. A few days later, the lawyer called me sheepishly admitting that they were not on the Santander 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 Santander 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.
I require expedited conveyancing in Hale as I have pressure to complete inside one month. Fortunately I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save money and time?
As you are are a cash buyer you are at free not to have searches conducted although no conveyancer would advise that you don't. With lots of history conveyancing in Hale the following are examples of what can crop up and adversely impact future mortgageability: Refused Planning Applications, Overdue Fees, Overdue Grants, Unadopted Roads,...
I am looking for a conveyancing solicitor in Hale for my sale. Is it possible to see a firm’s record with the legal regulator?
You can review published Solicitor Regulator Association (SRA) determinations resulting from inquisitions from 2008 onwards. Visit Check a solicitor's record. To find records Pre 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, call +44 (0)121 329 6800. The regulator could recorded telephone calls for training reasons.
I am a negotiator for a reputable estate agent office in Hale where we have witnessed a number of flat sales put at risk due to short leases. I have been given conflicting advice from local Hale conveyancing firms. Please can you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Hale Leasehold Conveyancing - Examples of Questions you should ask Prior to buying
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Make sure you investigate if there is anything that is prohibited in the lease. By way of example it is reasonably common in Hale leases that pets are not permitted in in a block in Hale. If you like the apartmentin Hale however your dog can’t make the move with you then you have a very difficult decision. Is anyone aware of any major works in the planning that will add a premium to the service charges? You should want to discover as much as you can concerning the managing agents as they can either make your life much simpler or uncomfortable. As the proprietor of a leasehold property you will be at the mercy of the managing agents both financially and when it comes to every day matters such as the cleanliness of the communal areas. Ask other tenants what they think of them. In conclusion, be sure you discover the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money.
I am considering using a web based conveyancer as opposed to a Hale conveyancing practice. Any advice?
Advantages do exist in having the opportunity to attend a local Hale conveyancing solicitor such as
- signing papers on short notice
- getting face-to-face explanations of things that you need help with
- the ability to raise concerns if things go pear-shaped
When checking estimates, look carefully for hidden extras. Most decent Hale high street solicitors give an all-inclusive price. Often online companies appear to offer cheap fees, but have burried 'extras' in the fine print.