I had intended to instruct a conveyancing solicitor in New Brighton for our house move. Our financial adviser has since advised us that our bank Yorkshire Building Society won't deal with them. Why is this not regarded as unfair competition?
Banks in the main imposes restrictions either the type or the volume of conveyancing solicitors on their approved list of lawyers. Typical examples of such criteria being that a law practice must not be a sole practitioner. In addition to restricting the profile of firm, some have decided to limit the number of solicitor practices they use to represent them. Be aware that Yorkshire Building Society have no responsibility for the quality of advice provided by any member of Yorkshire Building Society Conveyancer Panel. Mortgage fraud was a primary driver in the reduction of conveyancing panels since 2008 even though there are differing opinions regarding the level of solicitor involvement in some of that fraud. Data from the Land Registry indicate that thousands of law firms, including some in or near New Brighton only carry out very few conveyances per annum.
I am helping my mother sell her flat in New Brighton. Will the conveyancing solicitor order an energy assessment or it is for the owner to see to?
After the abolition of Home Packs, EPC’s became a required element of selling a property. An energy performance certificate should be to hand before the property is advertised. This is not a task that lawyers ordinarily arrange. Where you are instructing a New Brighton conveyancing solicitor they might be willing to arrange energy assessments given their relationships with long established local assessors
Is it the case that all New Brighton solicitor practices on the Aldermore conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Aldermore approved list of solicitors they would need to be governed by the SRA. Many lenders do allow licenced conveyancers on their panel in which case such firms would be governed by the Council of Licensed Conveyancers.
Last month we had a mortgage agreed in principle with Yorkshire BS. New Brighton conveyancing solicitors are appointed. How long does it take for Yorkshire BS to forward the offer to the lawyer?
There is no definitive answer here. Have Yorkshire BS done the survey? Have you informed Yorkshire BS as to your lawyers' details and checked that your lawyers are on the Yorkshire BS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
My relative suggested that where I am buying in New Brighton I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is usually included in the estimate for your New Brighton conveyancing searches. It is not a small report of about 40 pages, listing and setting out important information about New Brighton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, New Brighton Education with plans and statistics, Local Amenities and other useful data about New Brighton.
Are there restrictive covenants that are commonly picked up during conveyancing in New Brighton?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in New Brighton. 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…’
Over the last few months I have been searching for a flat up to £305k and found one close by in New Brighton I like with a park and transport links nearby, the downside is that it only has 51 years unexpired on the lease. I can't really find anything else in New Brighton suitable, so just wondered if I would be making a grave error buying a lease with such few years left?
Should you require a mortgage the shortness of the lease may be a potential deal breaker. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the existing owner has owned the premises for at least 2 years you could ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer about this.
My husband and I are first time buyers - had an offer accepted, yet the estate agent advised that the seller will only issue a contract if we use their preferred lawyers as they are insisting on a ‘quick sale’. Our preferred option is to instruct a local conveyancer accustomed to conveyancing in New Brighton
It is unlikely the sellers are driving this. Should the seller want ‘a quick sale', taking such a hostile approach to a motivated buyer is is going to put the whole deal at risk. Speak to the vendors direct and explain that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)however you intend to instruct your preferred New Brighton conveyancing lawyers - rather thanthe ones that will give their negotiator at the agency a referral fee or meet his conveyancing targets set by HQ.