My property lawyer in Lymm has never been on on the Birmingham Midshires Approved Panel. Can I still continue with my family solicitor even though they are excluded from the Birmingham Midshires list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing Lymm solicitors but Birmingham Midshires will need to instruct a conveyancer on their panel. This will result in additional total conveyancing fees and result in frustration.
- Find an alternative practitioner to to deal with the conveyancing, remembering to check they are Birmingham Midshires approved.
- Persuade your Birmingham Midshires based solicitor to attempt to join the Birmingham Midshires panel
Is it correct that all Lymm CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing list of approved firms?
It is true that some lenders now use CQS as the kick off point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
My partner and I are in the throws of viewing houses in Lymm and I am now considering a potential offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with Bank of Ireland.
You should start requesting conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. Given that you are getting a mortgage with Bank of Ireland, make sure you remember to check that your lawyer is on the Bank of Ireland conveyancing panel.
I am currently in the process of buying my council flat in Lymm. I have a mortgage agreed with Principality. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Principality, you will need to appoint a solicitor on the Principality conveyancing panel.
Will my lawyer be raising enquiries about flooding as part of the conveyancing in Lymm.
Flooding is a growing risk for lawyers dealing with homes in Lymm. There are those who buy a house in Lymm, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that may be undertaken by the buyer or on a buyer’s behalf which will figure out the risks in Lymm. The standard information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine if the property has suffered from flooding. If the property has been flooded in past which is not revealed by the seller, then a purchaser could bring a claim for damages resulting from an inaccurate reply. A buyer’s lawyers should also conduct an environmental search. This will reveal if there is any known flood risk. If so, additional inquiries should be made.
Are there restrictive covenants that are commonly picked up during conveyancing in Lymm?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Lymm. 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 what way can the Landlord & Tenant Act 1954 affect my business premises in Lymm and how can you help?
The 1954 Act gives security of tenure to commercial tenants, giving them the right to make a request to court for a continuation of occupancy at the end of an expired lease. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Lymm is one of the many locations in which the firms we work with have offices
When it comes to my conveyancing in Lymm should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Lymm conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the lawyer's time in submitting the funds this way.