My March solicitor has spotted a discrepancy when comparing the information in the home valuation survey and what is in the legal papers for the property. My solicitor informs me that he needs to ensure that the bank is OK with this discrepancy and is still content to lend. Is my lawyer’s stance right?
Your conveyancer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
When can the exchange of contracts happen for residential conveyancing in March and am I required to be at the conveyancers office?
If you are round the corner to our conveyancing solicitors in March you are welcome to attend to sign the paperwork. However, the firms we work with supply a national conveyancing service and give as equally diligent and professional a job for you when dealing with you by post or email. The signing of the sale agreement is not when everything is set in stone. Signing on the dotted line is necessary for the conveyancer to address the formalities at the appropriate time, which is ordinarily shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where a long "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in March)to be in the office available at the end of the phone to exchange contracts.
I can not work out if my mortgage offer requires a lease extension. I have called my March building society branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My March conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their published requirements. Who do I believe?
Your conveyancing practitioner must comply with the Council of Mortgage Lenders’ Handbook Part 2 requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
After months of negotiation I have agreed a price on a house in March. My mortgage broker suggested a property lawyer. I paid an advanced payment of £150. Shortly after, the conveyancing practitioner contacted me embarrassingly acknowledging that they were not on the UBS 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 UBS 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.
Planning on purchasing a house in March. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Clydesdale conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the March lawyer is on the Clydesdale conveyancing panel.
I opted to have a survey carried out on a property in March ahead of retaining conveyancers. I have been told that there is a flying freehold overhang to the property. The surveyor has said that some banks will refuse to grant a loan on a flying freehold premises.
It varies from the lender to lender. HSBC has different instructions from Halifax. If you call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in March. Conveyancing may be slightly more expensive based on your lender's requirements.
How does the Landlord & Tenant Act 1954 impact my business premises in March and how can your lawyers assist?
The particular law that you refer to provides a safeguard to commercial tenants, giving them the a statutory right to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and handle your commercial conveyancing in March
My cousin has suggested that I instruct his lawyers for conveyancing in March. Should I find my own conveyancer?
There are no two ways about it it’s preferable to find a conveyancing practitioner is to get recommendations from friends or family who have actually experience in using the conveyancer you're are thinking of instructing.