I am only a couple days away from an exchange on a flat in Kew and my mum and dad have sent the exchange deposit to my property lawyer. I am now told that as the deposit has been received from someone other than me my property lawyer needs to make a notification to my mortgage company. Apparently, in also acting for the mortgage company he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the bank concerning my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
Your lawyer is obliged to clarify with the bank to ensure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Completed the sale of my flat in Kew last June yet the purchaser is Skype messaging every few hours to moan that her solicitor needs to hear from myconveyancer. What are the post completion sale legalities following completion?
After completion of your sale your lawyer is obliged to deliver the transfer deeds and all supplemental paperwork to the buyer’s lawyers. Depending on the transaction, your solicitor should also confirm that the home loan has been paid off to the buyers conveyancers. There are no post completion requirements peculiar conveyancing in Kew.
My wife and I purchasing a terrace house in Kew. The intention is to an extension at the rear at the house.Will legal due diligence on the property involve investigations to determine if these alterations were previously refused?
Your conveyancer should check the deeds as conveyancing in Kew will on occasion identify restrictions in the title documents which prohibit categories of works or necessitated the consent of a 3rd party. Some additions require local authority planning permissions and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be prudent to check these things with a surveyor ahead of any purchase.
I currently have a mortgage with Bank of Ireland for my property in Kew. Conveyancing was finalised 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Bank of Ireland?
You must advise Bank of Ireland in advance of renting your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. You need not do this via a Bank of Ireland conveyancing panel solicitor.
Completion of my purchase has taken place for my property in Kew. Conveyancing was satisfactory but I would like to complain about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Department at head office. In most cases complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
My partner and I are downsizing from our property in Kew and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. Any local lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed an internet conveyancing practice rather than a conveyancing solicitor in Kew. Having lived in Kew for three years we know that this is a non issue. Should we get in touch with our local Authority to seek confirmation that there is no issue.
It sounds as though you may have a conveyancing lawyer already. What do they say? You need to enquire of 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 ailment)
Just had an offer accepted on a new build flat in Kew. Conveyancing is daunting 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 legal work.
Set out below is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Kew
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please supply a car parking plan. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Kew is where the house is located. Can you shed any light on this issue?
Flying freeholds in Kew are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kew you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kew may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.