Me and my partner are purchasing a 3 bedroom flat in Havant with a mortgage. We have a Havant conveyancer, but the mortgage company advise she’s not on their "panel". We have to appoint one of the lender panel solicitors or continue with our Havant property lawyer and pay for one of their panel lawyers to act for them. We regard this is inequitable; can we not insist that the lender use our Havant lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Havant conveyancing solicitor to apply to be on the conveyancing panel.
At what point does exchange of contracts take place for domestic conveyancing in Havant and am I required to be at the lawyers office?
If you are round the corner to one of the conveyancing solicitors in Havant you are invited in to sign documents. However, the lender approved solicitors we recommend provide countrywide coverage for conveyancing and give just as comprehensive and professional a job for you when dealing with you by post or email. The signing of the contract is not the important part. Signing on the dotted line is necessary for the firm to exchange contracts when the time is right, which is ordinarily shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Havant)to be in the office available at the end of the phone to exchange contracts.
I need some expedited conveyancing in Havant as I have an ultimatum to complete inside 2 weeks. Luckily I do not require a mortgage. Is it possible to decline from having conveyancing searches to save money and time?
As you are are a mortgage free buyer you are at free not to do searches although no law firm would advise that you don't. Drawing on our experience of conveyancing in Havant the following are instances of what can crop up and adversely impact market value: Refused Planning Applications, Outstanding Fees, Outstanding Grants, Unadopted Roads,...
Due to the advice of my in-laws I had a survey completed on a house in Havant in advance of retaining solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some banks will not issue a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Havant. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Havant to see if the conveyancing will be more expensive.
I am intending to let out my leasehold flat in Havant. Conveyancing solicitor who did the purchase is retired - so can't ask him. Is permission from the freeholder required?
Your lease dictates the relationship between the landlord and you the flat owner; specifically, it will indicate if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Havant do not contain subletting altogether – such a provision would undoubtedly devalue the property. Instead, there is usually simply a requirement that the owner notifies the freeholder, possibly sending a duplicate of the sublease.
Havant Conveyancing for Leasehold Flats - Examples of Queries before buying
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The prefered form of lease structure is where the freehold title is in the ownership of the leaseholders. In this situation the lessees benefit from control and notwithstanding that a managing agent is often employed if it is bigger than a house conversion, the managing agent acts for the leaseholders themselves. Best to be warned if window replacement or some other major work is due shortly that will be shared between the leaseholders and will dramatically impact the level of the maintenance fees or result in a one off invoice.
I am due to assess costs for conveyancing in Havant from three conveyancing practitioner and appoint one. Should I ask them to sit tight until I I have an offer accepted on a flat.
You should only get your lawyer to start work and order searches once the sales memo has been sent by the selling agent especially as Havant conveyancing searches are costly.