My partner and I are getting closer to an exchange on a property in Kimberley and my parents have sent the ten percent deposit to my conveyancer. I am now advised that as the deposit has been received from someone other than me my conveyancer needs to make a notification to my bank. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I informed the bank concerning my parents' contribution when I applied for the home loan, so is it really appropriate for this now to be an issue?
The property lawyer is legally required to clarify with the bank to make sure that they are aware that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
Will my solicitor be raising enquiries about flooding during the conveyancing in Kimberley.
The risk of flooding is if increasing concern for solicitors dealing with homes in Kimberley. Plenty of people will acquire a property in Kimberley, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, however there are a various searches that can be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Kimberley. The conventional set of property information forms supplied to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to find out whether the property has ever been flooded. If flooding has previously occurred and is not revealed by the vendor, then a buyer may issue a compensation claim as a result of such an misleading reply. A purchaser’s lawyers will also carry out an environmental search. This will reveal whether there is any known flood risk. If so, more detailed investigations should be conducted.
I own a terraced Georgian property in Kimberley. Conveyancing lawyer represented me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold with the matching address. I thought I was buying a freehold how can I check?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kimberley and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with your conveyancing lawyer who conducted the conveyancing.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Kimberley. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Kimberley
-
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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Is it possible to transfer to a new solicitor as I have to find a firm on the Accord Mortgages Ltd conveyancing list. I instructed a family conveyancing solicitor in Kimberley five minutes from me but the firm is not accepted by Accord Mortgages Ltd
It would be our pleasure to assist you find a conveyancing solicitor in Kimberley on the Accord Mortgages Ltd panel. Please note that the conveyancers that we list do not pay us fee if you instruct them and are registered with the SRA who oversee all conveyancing solicitors in Kimberley. In utilising search facility on this website, you can contrast charges for conveyancing solicitors in Kimberley and beyond.
What is the reason for my property lawyer requiring numerous items of identification ahead of starting selling or purchasing a property in Kimberley?
Kimberley property lawyers are required by the Law Society, Solicitors Regulation Authority, the Land Registry and current Money Laundering legislation to certify that the have verified the identity of their clients. It will also be a condition of your bank where you are taking a mortgage. Furthermore they have to complete various forms, particularly those relating to stamp duty land tax and need to have information such as your full names, national insurance number and date of birth.