I am purchasing a newly built duplex in Ilford and my conveyancer is telling me that she is duty bound to the mortgage company to reveal incentives from the developer. I am on a tight deadline to sign contracts and I would rather not delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. 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.
Having sold my house in Ilford last October yet the purchaser is e-mailing daily to moan that his lawyer needs to hear from mine. What should have happened following completion?
Post completion of your disposal your conveyancer should deliver the transfer documentation and all additional paperwork to the purchaser's solicitors. Where appropriate, your conveyancer must also evidence that the legal charge in favour of the lender has been discharged to the buyers lawyers. There are no post completion requirements peculiar conveyancing in Ilford.
My Conveyancer in Ilford is not listed on the Barclays Direct Solicitor Panel. Is it possible for me to retain my prefered solicitor even though they are excluded from the Barclays Direct list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing Ilford lawyers but Barclays Direct will need to retain a solicitor on their list of acceptable firms. This will inevitably rack up the overall conveyancing fees as well as result in frustration.
- Find an alternative practitioner to to deal with the conveyancing, obviously checking they are Barclays Direct approved.
- Persuade your Barclays Direct solicitor to try to join the Barclays Direct panel
Should my lawyer be making enquiries about flooding during the conveyancing in Ilford.
Flooding is a growing risk for conveyancers dealing with homes in Ilford. Plenty of people will acquire a house in Ilford, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to give advice on flood risk, however there are a numerous checks that may be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Ilford. The standard information sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the seller to find out whether the premises has historically flooded. In the event that the property has been flooded in past and is not disclosed by the owner, then a buyer may commence a claim for damages as a result of such an inaccurate answer. A buyer’s lawyers may also conduct an environmental search. This will reveal if there is a recorded flood risk. If so, more detailed investigations should be initiated.
Are there restrictive covenants that are commonly identified during conveyancing in Ilford?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Ilford. 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…’
In my capacity as executor for the estate of my grandfather I am disposing of a house in Newport but I am based in Ilford. My solicitor (who is 300 miles awayneeds me to sign a statutory declaration before completion. Could you suggest a conveyancing solicitor in Ilford to witness and place their company stamp on the document?
strictly speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are Ilford based