Some advice if I may. My Hampshire lawyer is advising me that she is duty bound toconduct Hampshire conveyancing searches becausethe firm are on the Santandersolicitor panel. Do I not have any options here?
You have limited options available to you. Given that you are taking out a loan with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Hampshire conveyancing searches.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Hampshire?
There are many recorded licenced Conveyancers in Hampshire and Solicitor partnerships in Hampshire who provide Conveyancing services We would stress that both are regulated professionals specialising in the legal aspects of transferring property. The two can handle other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
I have decided to exercise my right to buy my property in Hampshire off the council. I have a mortgage offer with RBS. 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 have 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 RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
I am selling my house. I had a double glazing fitted in December 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Bank of Ireland are being a right pain. The Hampshire solicitor who is on the Bank of Ireland conveyancing panel is recommending indemnity insurance as a solution but Bank of Ireland are requiring a building regulation certificate. Why do Bank of Ireland have a conveyancing panel if they don't accept advice from them?
It is probably the case that Bank of Ireland have referred the matter to their valuer. The reason why Bank of Ireland may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
How does conveyancing in Hampshire differ for new build properties?
Most buyers of new build or newly converted property in Hampshire approach us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is completed. This is because developers in Hampshire tend to 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 accustomed to new build conveyancing in Hampshire or who has acted in the same development.
I am looking for a flat up to £195,000 and found one near me in Hampshire I like with a park and railway links in the vicinity, however it only has 49 years on the lease. I can't really find anything else in Hampshire in this price bracket, so just wondered if I would be making a grave error buying a short lease?
Should you need a home loan the remaining unexpired lease term will be problematic. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current proprietor has owned the property for a minimum of twenty four months you could ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this.
My brother has recommend that I appoint his lawyers for conveyancing in Hampshire. Should I use them?
No doubt it’s preferable to select a conveyancing practitioner is to have referrals from friends or family who have actually previously instructed the solicitor that you are contemplating using.
I have just appointed agents to market my garden flat in Hampshire. Conveyancing is yet to be initiated, however I have recently received a quarterly maintenance charge demand – should I leave it to the buyer to sort out?
It best that you pay the invoice as normal as all rents and service payments should be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Hampshire Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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What is the length of the lease? It would be a good idea to enquire if there is anything that is prohibited in the lease. By way of example it is very common in Hampshire leases that pets are not allowed in certain buildings in Hampshire. If you like the apartmentin Hampshire but your dog can’t live with you then you will be faced difficult determination. Where a Hampshire lease has fewer than 80 years it will impact the value of the flat. It is worth checking with your bank that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will almost definitely require a lease extension sooner rather than later and you need to have some idea of what this would cost. For most Hampshirelease extensions you would need to own the property for a couple of years before you are legally able to extend the lease.