I am getting closer to an exchange on a flat in Herefordshire and my mum and dad have sent the ten percent deposit to my conveyancing practitioner. I am now told that as the deposit has not arrived from me my property lawyer needs to disclose this to my lender. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I advised the lender about my parents' contribution when I applied for the home loan, so is it really necessary for this now to delay the deal?
The property lawyer is legally required to clarify with mortgage company to make sure that they know that the balance of the purchase price is not from your own funds. Your solicitor can only reveal this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
We're in Herefordshire, First time buyers purchasing with a mortgage (lender is RBS , and our lawyer is on the RBS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the RBS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Should my conveyancer be raising questions about flooding as part of the conveyancing in Herefordshire.
Flooding is a growing risk for conveyancers dealing with homes in Herefordshire. There are those who acquire a house in Herefordshire, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various checks that can be carried out by the purchaser or on a buyer’s behalf which will give them a better understanding of the risks in Herefordshire. The conventional set of completed inquiry forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard question of the vendor to determine if the property has ever been flooded. In the event that the premises has been flooded in past which is not revealed by the seller, then a purchaser may bring a compensation claim stemming from an inaccurate reply. A purchaser’s lawyers should also carry out an environmental report. This should indicate whether there is a recorded flood risk. If so, further investigations will need to be conducted.
Are there restrictive covenants that are commonly identified during conveyancing in Herefordshire?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Herefordshire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Just had an offer accepted on a new build flat in Herefordshire. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Herefordshire
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The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please confirm the Lease plans are architect prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I am thinking of appointing a conveyancing lawyer in Herefordshire for my home move. Is it possible to see a solicitor's complaints history with the profession’s regulator?
Anyone may review documented Solicitor Regulator Association (SRA) determinations arising from investigations from 2008 onwards. Go to Check a solicitor's record. To find information about the period before 1 January 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, call +44 (0)121 329 6800. The regulator sometimes monitor call for training purposes.