My wife and I are acquiring a brand new flat in Hawes and my lawyer is advising me that she has to the lender to disclose incentives from the seller. I am on a tight deadline to exchange and I don't want to delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a bank 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.
Forgive me if this question is silly but I am unexperienced as FTB of a two bedroom flat in Hawes. Do I receive the keys to the house on the completion date from my solicitor? If so, I will instruct a local conveyancing solicitor in Hawes?
There is no need to visit the lawyers office on the day of completion. Your solicitors will electronically transfer the purchase money to the owner’s solicitors, and shortly after the monies have arrived, you will be invited to pick up the keys from the Estate Agents and start moving into the property. Usually this happens between 1 and 3pm.
I can not work out if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Hawes building society branch on various occasions and was told they are content with the situation and they would lend. My Hawes conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their published requirements. Who do I believe?
The property lawyer has to follow the CML Handbook section two requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
After much negotiation I have agreed a price on a house in Hawes. My financial adviser pressured me to appoint their lawyer. I paid an advanced payment of £150. Not long after, the conveyancer contacted me sheepishly admitting that they were not on the Clydesdale 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 Clydesdale 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.
My partner and I are downsizing from our home in Hawes and according to the buyers it appears that there is a possibility that the property was constructed land that was not decontaminated. A local lawyer would know this is not the case. It does beg the question why the purchasers are using a national conveyancing outfit as opposed to a conveyancing solicitor in Hawes. We have lived in Hawes for 5 years we know that this is a non issue. Do we contact our local Authority to seek clarification that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor already. Are they able to advise? You should 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)
I have been sourcing a conveyancing solicitor in Hawes for my remortgage. Can I review a firm’s complaints history with the profession’s regulator?
Anyone can see published Solicitor Regulator Association (SRA) determinations arising from investigations started on or after 1 January 2008. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The SRA could monitor call for training requirements.
My wife and I purchased a leasehold house in Hawes. Conveyancing and Britannia mortgage went though with no issue. A letter has just been received from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1993. The conveyancing solicitor in Hawes who acted for me is not around. Do I pay?
The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. It is not necessary to instruct a Hawes conveyancing solicitor to do this as it can be done on-line for £3. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I am the registered owner of a basement flat in Hawes, conveyancing was carried out 6 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Corresponding properties in Hawes with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £50 per annum. The lease runs out on 21st October 2096
You have 70 years remaining on your lease the likely cost is going to range between £9,500 and £11,000 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to supply the actual costs without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.
A conveyancing firm handled my conveyancing in Hawes four years ago and was holding my title documents but has since been shut down – What can I do to get hold of them?
Deeds, as such, are no longer appropriate for most homes in Hawes are archived electronically at Land Registry. If you need to prove evidence of proprietorship or are disposing of or refinancing your solicitor can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.