We are about to exchange on the purchase of a property in Melbourne but as a consequence of wreckage from a small fire at the property I have managed to agree compensation from the vendor in the sum of £2k by way of a adjustment in the price. I had intended this to be addressed as part of the conveyancing process but Clydesdale are not allowing this. Why were they involved?
Any property lawyer being on the Clydesdale approved list is duty bound to inform Clydesdale of any amendments to the purchase price. If you prohibit your property lawyer to notify the reduction to Clydesdale then they would have to discontinue acting for you. In addition, Clydesdale and you would have to appoint a new property lawyer for your conveyancing in Melbourne.
I am close to exchanging contracts on the sale of our property in Melbourne and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A high street Melbourne conveyancer would know that there is no such problem. It does beg the question why the buyers used a web based conveyancing outfit as opposed to a conveyancing solicitor in Melbourne. We have lived in Melbourne for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing solicitor currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
I used Action Conveyancing a few years past for my conveyancing in Melbourne. Now, I need the files however the law firm is no longer operating. What do I do?
You should 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 Melbourne of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I opted to have a survey completed on a house in Melbourne prior to appointing conveyancers. I have been advised that there is a flying freehold element to the house. The surveyor has said that some lenders may refuse to give a mortgage on this type of property.
It depends who your proposed lender is. Lloyds has different instructions from Birmingham Midshires. Should you wish to call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Melbourne. Conveyancing may be slightly more expensive based on your lender's requirements.
Can you provide any advice for leasehold conveyancing in Melbourne with the intention of saving time on the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Melbourne can be reduced where you appoint lawyers the minute your agents start advertising the property and request that they start to collate the leasehold information needed by the purchasers’ conveyancers. If you have carried out any alterations to the residence would they have required Landlord’s permission? In particular have you installed wooden flooring? Most leases in Melbourne state that internal structural alterations or laying down wooden flooring require a licence from the Landlord approving such works. Should you dont have the consents in place you should not communicate with the landlord without contacting your solicitor in advance. The majority of freeholders or Management Companies in Melbourne charge for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most common cause of delay in leasehold conveyancing in Melbourne. If you have had any disputes with your freeholder or managing agents it is very important that these are resolved before the property is put on the market. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You may need to swallow your pride and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unresolved. If you have the benefit of shareholding in the freehold, you should make sure that you have the original share document. Arranging a duplicate share certificate can be a time consuming formality and frustrates many a Melbourne home move. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this sooner rather than later.
I inherited a 1st floor flat in Melbourne, conveyancing was carried out 9 years ago. Can you work out an approximate cost of a lease extension? Corresponding flats in Melbourne with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £55 per annum. The lease finishes on 21st October 2076
You have 51 years unexpired we estimate the price of your lease extension to be between £30,400 and £35,200 plus legals.
The figure above a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other 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 before getting professional advice.
We have an offer in principle from Nottingham Building Society who indicated we could borrow up to £300k. When do I need to appoint a lawyer for conveyancing? Melbourne is where we are .
It would be wise to appoint a conveyancer now and ask them to generate a file on your behalf. This will facilitate: 1) the selling agent to send out the Sales Memorandum to the relevant parties 2) the seller’s conveyancing practitioner to send out the draft contract. That being said, do not instruct your conveyancer to start searches until you have your valuation report from Nottingham Building Society and you are willing to move forward.