My wife and I are nearing an exchange on a flat in Herefordshire and my parents have transferred the ten percent deposit to my property lawyer. I am now advised that as the deposit has not come from me my solicitor needs to disclose this to my bank. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I informed the lender regarding my parents' contribution when I applied for the home loan, so is it really necessary for this now to be an issue?
Your solicitor is obliged to check with lender to ensure that they know that the balance of the purchase price is not from your own funds. The solicitor can only report this to your bank if you agree, failing which, your lawyer must cease to continue acting.
It is is a decade since I acquired my house in Herefordshire. Conveyancing lawyers have now been retained on the sale but I am unable to find the title documents. Will this jeopardise the sale?
You need not be too concerned. First there is a possibility that the deeds will be with the lender or they may be archived with the solicitor who acted in your purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Herefordshire involves registered property but in the rare situation where your home is unregistered it is more problematic but is not insurmountable.
I have been pointed in your direction by two or three local selling agents in Herefordshire to choose a solicitor on your site. What’s the financial advantage for Estate Agents to market your lawyers rather than another?
We refuse to give any commission for directing people our way. We found it would be just too difficult a fee because home movers will think, ‘How come the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.
We are 14 days into a freehold purchase having been directed to solicitors by the high street agent to do our conveyancing in Herefordshire. I am am extremely dissatisfied with the level of service. Could you help me find new solicitors?
A solicitor would have to be really bad in order to consider replacing them. Has the loan offer been sent? In the event that it has you will need to make them aware of the new contact details and have the loan are re-sent. The conveyancer needs to be on the mortgage company panel to avoid added costs and frustration. That should be your first question of the new solicitors. The find a solicitor tool will assist you in finding a lender approved solicitor for your home move in Herefordshire
I've recently bought a leasehold flat in Herefordshire. Do I have any liability for service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Herefordshire Leasehold Conveyancing - A selection of Questions you should consider before Purchasing
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This question is helpful as a) areas could cause problems in the building as the communal areas may begin to deteriorate if services are not paid for b) if the leaseholders have an issue with the running of the building you will want to have all the details For many Herefordshire leaseholds the outlay for major works tend not to be built into the service charges, although some managing agents in Herefordshire ask leaseholders to pay into a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.
Is planning consent needed to convert a house into multiple flats in Herefordshire? This has occurred to a house opposite to a relative in Herefordshire and was not aware of it happening until it was complete.
Planning Permission yes. Building Regulations yes.