I am assisting my sister sell her flat in Marlborough. Does the solicitor arrange the energy assessment or it is for the seller to coordinate?
After the demise of Home Information Packs, energy assessments was kept a required part of selling a house. An energy performance certificate should be commissioned in advance of the property being put on the market. It is not as aspect of the sale process that law firms ordinarily organise. Where you are using a Marlborough conveyancing lawyer they may be willing to arrange EPC’s given their contacts with reputable local providers
I am due to exchange contracts on my flat. I had a double glazing fitted in October 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nationwide are being a right pain. The Marlborough solicitor who is on the Nationwide conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Nationwide are requiring a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide 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.
My offer on a house in Marlborough has been accepted, but there is a chain. The owners have offered on a flat, however it’s not been accepted yet, and have viewings of other apartments in the pipeline. I have chosen a high street conveyancing solicitor in Marlborough. What should be my next step? When should I get the mortgage application with Santander started?
It is normal to have apprehensions where there is a chain as you are unlikely to want to incur expenses too early (mortgage application is approx £1k, then survey, Marlborough conveyancing search charges, etc). The first thing to do is ensure that your lawyer is on the Santander approved list. Concerning the next phase this very much dictated by the circumstances of your transaction, motivation for this property and on the state of the market. In a rising market many buyers will apply for a home loan with Santander and pay for the valuation and only if it was satisfactory would they request their property lawyer to proceed with the conveyancing in Marlborough.
How does conveyancing in Marlborough differ for newly converted properties?
Most buyers of new build residence in Marlborough come to us having been asked by the seller to sign contracts and commit to the purchase even before the house is ready to move into. This is because developers in Marlborough typically purchase the site, 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 conveyancing solicitors 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 accustomed to new build conveyancing in Marlborough or who has acted in the same development.
How does the Landlord & Tenant Act 1954 affect my business offices in Marlborough and how can your lawyers assist?
The 1954 Act gives protection to commercial lessees, granting the a statutory right to make a request to court for a new lease and remain in occupation at the end of the lease term. There are certain specified grounds that a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and help with commercial conveyancing in Marlborough
Am I best advised to instruct a Marlborough conveyancing lawyer who is local to the property I am buying? I have an old university friend who can handle the legal formalities but his firm is located 300miles drive away.
The benefit of a high street Marlborough conveyancing firm is that you can visit the firm to sign paperwork, present your identification documents and apply pressure on them where appropriate. Having local Marlborough know how is a plus. That being said it's more important to get someone that will pull out all the stops for you. If other friends have instructed your friend and in the main were impressed that must outweigh using an unfamiliar Marlborough conveyancing solicitor solely due to them being round the corner.
I am tempted by the attractive purchase price for a couple of apartments in Marlborough both have about forty five years left on the leases. Should I regard a short lease as a deal breaker?
There are plenty of short leases in Marlborough. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease shortens the value of the lease decreases and it becomes more expensive to extend the lease. For this reason it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage lenders less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a solicitor and surveyor with experience in this arena.
Marlborough Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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Best to be warned if changing the roof or some other major work is due in the near future to be shared by the leaseholders and could well dramatically increase the the service fees or result in a one time payment. Be sure to discover if there are any onerous prohibitions in the lease. For instance plenty of leases prohibit pets being permitted in certain buildings in Marlborough. If you like the propertyin Marlborough yet your dog is not allowed to move with you then you will be faced hard choice. Its a good idea to find out as much as possible concerning the company managing the building as they will either make living at the property much easier or a lot more difficult. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to practical issues such as the cleanliness of the common parts. Enquire of prospective neighbours if they are happy with their service. On a final note, investigate as to the dates that the service charges are due to the appropriate party and precisely what you get for your money.
There are numerous houses in Marlborough on private roads. My partner and I are purchasing such a house. What are the pros and cons of purchasing a residence on a private road?
Marlborough conveyancing solicitors are used to dealing propertieson private. The solicitor will review the title to find any rights or responsibilities. It is possible that there is a residents association that owners pay into to maintain the road. Where one exists, the road should be maintained and appear better than publicly maintained.