My partner and I are planning to purchase a property in Levenshulme and are in fact using a Levenshulme conveyancing practice. Within the last couple of days our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. TSB have this evening contacted us to inform me that there is now an issue as our Levenshulme solicitor is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the bank's conveyancing panel as you are at liberty to use your preferred Levenshulme lawyers, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
Due to move into my new home in Levenshulme next Tuesday. My solicitor now wants me to supply her with evidence of content and building insurance for the property as he says that he has to check this in his capacity as lawyer for the mortgage company. What does the insurance need to cover?
All property lawyers on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook conditions. These obligations are not specific to conveyancing in Levenshulme.
It is 10 years ago since I acquired my house in Levenshulme. Conveyancing solicitors have now been appointed on the sale but I can't track down my title deeds. Will this jeopardise the sale?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by your lender or they could be in the possession of the solicitor who oversaw the purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. Almost all conveyancing in Levenshulme involves registered property but in the unlikely event that your property is not registered it adds to the complexity but is resolvable.
Will our solicitor be raising questions concerning flooding during the conveyancing in Levenshulme.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Levenshulme. There are those who purchase a house in Levenshulme, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, however there are a number of checks that can be undertaken by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Levenshulme. The standard property information forms given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the vendor to determine whether the premises has historically flooded. If the residence has been flooded in past and is not revealed by the vendor, then a purchaser may commence a claim for damages as a result of such an misleading response. A purchaser’s conveyancers should also carry out an enviro report. This will higlight whether there is any known flood risk. If so, further inquiries will need to be conducted.
I used Action Conveyancing a few years ago for my conveyancing in Levenshulme. Now, I need my files however the law firm is no longer operating. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Levenshulme of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Levenshulme differ for new build properties?
Most buyers of new build premises in Levenshulme contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is finished. This is because house builders in Levenshulme typically acquire the real estate, 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 used to new build conveyancing in Levenshulme or who has acted in the same development.