We are purchasing a newly constructed apartment in Herne Bay and my conveyancer is informing me that she has to the mortgage company to disclose incentives from the developer. I am under pressure to exchange contracts and I don't want to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a lender 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.
We are getting the release of further monies on our mortgage from HSBC as we want to carry out improvements to our property in Herne Bay. Do we need to choose a high street Herne Bay solicitor on the HSBC conveyancing panel to deal with the legals?
HSBC do not ordinarily require a member of their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC panel.
Two weeks ago we had a mortgage agreed in principle with Santander. Herne Bay conveyancing lawyers have been instructed. What is the average time that one could expect to receive a mortgage offer from Santander?
Some lenders take longer than others. Have Santander done the survey? Have you informed Santander as to your lawyers' details and checked that your lawyers are on the Santander conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I am expecting a AIP from Barclays this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Barclays recommend any Herne Bay solicitors on the Barclays conveyancing panel, or is it better to go independently?
You will need to appoint Herne Bay solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.
I used Wolstenholmes several years ago for my conveyancing in Herne Bay. I now require my papers but the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Herne Bay of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
The estate agent has sent us the confirmation of our purchase of a new build flat in Herne Bay. Conveyancing is a frightening process 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 should expect your new-build leasehold conveyancing in Herne Bay
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Please supply a car parking plan. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I’m about to sell my 2 bed flat in Herne Bay. Conveyancing is yet to be initiated, however I have just received a half-yearly maintenance charge demand – Do I pay up?
The sensible thing to do is pay the invoice as normal because all ground rent and service charges should be allotted on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless 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. Having a clear account will assist your cause and will leave you no worse off financially.
Leasehold Conveyancing in Herne Bay - A selection of Questions you should consider before buying
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It is important to be aware if redecorating or some other major work is pending that will be shared by the tenants and will dramatically impact the level of the service costs or necessitate a one time payment. Is there a share of the freehold? If a Herne Bay lease has less than 80 years it will have adverse implications on the marketability of the flat. Check with your lender that they are happy with residual term of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out what this would cost. Remember, in most cases you will be be obliged to have owned the property for a couple of years before you are legally able to carry out a lease extension.
I have just appointed agents to market my ground floor flat in Herne Bay.Conveyancing lawyers have not yet been instructed however I have just had a yearly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should pay the invoice as you normally would as all rents and maintenance invoices will be allottedon completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless 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