At what point does exchange of contracts occur in residential conveyancing in Highbury and am I required to attend the conveyancers branch?
Where you are local to our conveyancing solicitors in Highbury you are welcome to attend to sign documents. However, the firms we recommend offer countrywide coverage for conveyancing and give just as detailed and professional a job for you when dealing with you by post or email. The executing of the property agreement is not the point of no return. Signing on the dotted line is necessary for the solicitor to exchange contracts at the suitable time, which will usually be very shortly after signing. The exchange process is nowadays normally dealt with by telephone and can be very rapid, although where an extended "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Highbury)to be in the office at the appropriate time.
Is it the case that all Highbury CQS (Conveyancing Quality Scheme) solicitors are on the Yorkshire BS conveyancing panel?
Some major lenders now utilise the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of conveyancing solicitors.
I am currently in the process of buying my council flat in Highbury. I have a mortgage agreed with Skipton. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Skipton, you will need to appoint a solicitor on the Skipton conveyancing panel.
I am selling my apartment. I had a double glazing fitted in January 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Barclays are being a right pain. The Highbury solicitor who is on the Barclays conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Barclays are requiring a building regulation certificate. Why do Barclays have a conveyancing panel if they don't accept advice from them?
It is probably the case that Barclays have referred the matter to their valuer. The reason why Barclays may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will our lawyer be making enquiries concerning flooding as part of the conveyancing in Highbury.
Flooding is a growing risk for lawyers conducting conveyancing in Highbury. Some people will acquire a house in Highbury, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, but there are a numerous checks that may be carried out by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Highbury. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to discover if the property has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could bring a compensation claim as a result of such an incorrect answer. The buyer’s lawyers will also order an environmental search. This will higlight if there is any known flood risk. If so, further investigations will need to be initiated.
How does conveyancing in Highbury differ for new build properties?
Most buyers of new build residence in Highbury come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because developers in Highbury tend to acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Highbury or who has acted in the same development.
How does the Landlord & Tenant Act 1954 impact my commercial premises in Highbury and how can you help?
The particular law that you refer to gives a safeguard to commercial lessees, giving them the right to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing practices who use the act for protection and handle your commercial conveyancing in Highbury
I am in the process of buying my 1st house in Highbury. Conveyancing lawyer has been instructed. The mortgage adviser advised that a survey is not needed as the house was only constructed in 2001.
The bare minimum you need a Home Buyer's Report. As the residence is more than 10 years old the property will not benefit from a warranty, so you don't want to take a risk. For a property that age with no signs of problems a Home Buyer's report could be sufficient. They will highlight any apparent issues and suggest further investigation where appropriate. If there are any indications of problems get a full structural survey.