Completed the sale of my flat in Maltby last January but my buyer keeps texting every few hours complaining that her solicitor is waiting to hear from mylawyer. What are the post completion sale legalities now that I have sold?
Following your disposal your conveyancer should deliver the transfer documentation and all supplemental paperwork to the purchaser's lawyers. Where appropriate, your solicitor must also evidence that the home loan has been paid off to the purchasers conveyancers. There are no post completion requirements specific conveyancing in Maltby.
I recently had an offer accepted on a house in Maltby. My mortgage broker suggested a solicitor. I paid an advanced payment of £150. A couple of days later, the conveyancer called me to say that they were not on the Nationwide conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nationwide panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am selling my house. I had a double glazing fitted in October 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Barclays are being difficult. The Maltby solicitor who is on the Barclays conveyancing panel is recommending indemnity insurance as a solution but Barclays are insisting on a building regulation certificate. Why do Barclays have a conveyancing panel if they don't accept advice from them?
It is probably the case that Barclays have referred the matter to their valuer. The reason why Barclays may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
After shopping around on the internet I have found a Maltby lawyer having made sure that they are on the Virgin Money conveyancing panel. Does my lawyer arrange the survey of the property?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Maltby surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
What does a local search tell me regarding the property we're buying in Maltby?
Maltby conveyancing often commences with the submitting local authority searches directly from your local Authority or via a personal search company for example PSG The local search plays a central role in many a Maltby conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your property. The search will provide information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic sections.
About to purchase a new build flat in Maltby. 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 conveyancing.
Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Maltby
-
Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are surveyor prepared. 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.
I opted to have a survey completed on a house in Maltby prior to appointing solicitors. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some lenders may not grant a mortgage on such a home.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Maltby. Conveyancing may be slightly more expensive based on your lender's requirements.
I am a negotiator for a long established estate agency in Maltby where we have witnessed a number of flat sales jeopardised as a result of short leases. I have been given conflicting advice from local Maltby conveyancing firms. Could you clarify whether the owner of a flat can start the lease extension formalities for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I own a 1 bedroom flat in Maltby, conveyancing having been completed 7 years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent flats in Maltby with an extended lease are worth £170,000. The average or mid-range amount of ground rent is £50 charged once a year. The lease finishes on 21st October 2105
With 79 years left to run we estimate the price of your lease extension to range between £7,600 and £8,800 plus professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.