Me and my fiance are buying a 3 bedroom flat in Highnam with a mortgage. We wish to retain our Highnam conveyancer, however the lender says she’s not on their "panel". We have to appoint one of the mortgage company panel firms or keep our Highnam property lawyer as well as pay for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Highnam conveyancing solicitor to apply to be on the conveyancing panel.
The Highnam conveyancing firm that I recently instructed on my house acquisition in Highnam have without warning shut down. I chose them because I had to have a lawyer on the Co-operative conveyancing panel and my family Highnam lawyer was not. I paid them 275 plus VAT on account. What do I do now?
If you have an estate agent involved then let them know immediately so that they can let the sellers know that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Co-operative conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
We are intent on selling our house in Highnam and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. A local lawyer would know this is not the case. For the life of me I don't know why the buyers are using a nationwide conveyancing outfit rather than a conveyancing solicitor in Highnam. Having lived in Highnam for many years we know of no issue. Is it a good idea to contact our local Authority to seek clarification that there is no issue.
It sounds as though you may have a conveyancing lawyer currently acting for you. What do they say? 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 sickness)
Are there restrictive covenants that are commonly identified as part of conveyancing in Highnam?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Highnam. 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…’
I'm buying a new build house in Highnam with a loan from Aldermore. The sellers would not budge the price so I negotiated £7000 of fixtures and fittings instead. The sale representative advised me not inform my lawyer about the extras as it may impact my mortgage with the bank. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
In what way does the Landlord & Tenant Act 1954 impact my commercial premises in Highnam and how can your lawyers assist?
The particular law that you refer to provides a safeguard to business tenants, giving them the dueness to make a request to court for a new tenancy and continue in occupation when the lease reaches an end. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are involved. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in Highnam