We are purchasing a 3 bedroom flat in Norfolk with a mortgage. We have a Norfolk lawyer, but the mortgage company says she’s not on their "panel". We have to appoint one of the lender panel firms or continue with our Norfolk lawyer and pay for one of their panel firms to represent them. We consider that this is inequitable; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Norfolk conveyancing solicitor to apply to be on the conveyancing panel.
Is it possible for conveyancing in Norfolk to be finalised within 3 weeks?
In the event that the seller is applying a tight deadline for your conveyancing it is advisable to make sure that your lawyer is familiar with the area as they will have local contacts and know-how. It is possible that they may have handled previousproperties in the same street. You would be best advised to use a Norfolk conveyancing solicitor. Second, ensure that the lawyer is on the on the approved list for your mortgage company. It is said that 18% of Norfolk conveyancing deals are held up or derailed after discovering a purchaser’s conveyancer was not on their mortgage lender’s list of approved solicitors. In many cases this discovery resulted in the conveyancing being frustrated by almost three weeks. It is claimed that this issue affects approximately 100,000 home sales annually. Most Norfolk conveyancing firms can not act for certain banks so do check as early as possible.
I am helping my step-mother sell her property in Norfolk. Will the conveyancer arrange an energy performance certificate or it is for me to coordinate?
After the abolition of Home Packs, energy assessments remained a mandatory element of selling a property. An EPC must be to hand before the property is advertised. This is not a task that solicitors ordinarily arrange. If you are instructing a Norfolk conveyancing practitioner they might help arrange energy assessments given their relationships with long established local accredited person
It is unclear whether my lender requires a lease extension. I have called my Norfolk bank branch on various occasions and was told it does not impact the mortgage offer and they will lend. My Norfolk conveyancing solicitor - who is on the lender conveyancing panel- called and was told they will not lend in accordance with their specific requirements. Who do I believe?
As long as the solicitor is on the mortgage company panel, she or he must adhere to the CML Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After what seems like an age I have had an offer on an apartment in Norfolk agreed to, the vendors do nevertheless have a connected purchase. The vendors have offered on on an apartment, however it’s not yet tied up, and have viewings of other flats in the pipeline. I have chosen a local conveyancing solicitor in Norfolk. What do I do now? When should I get the mortgage application with TSB started?
It is usual to have apprehensions where there is a chain as you are unlikely to want to incur expenses prematurely (mortgage application is approx one thousand pounds, then survey, Norfolk conveyancing search costs, etc). First, you must check that your conveyancer is on the TSB approved list. Regarding the subsequent steps this very much dictated by the uniqueness of your case, desire for the property and on the state of the market. During a rising market many buyers will apply for a home loan with TSB and arrange for the valuation and only if it was satisfactory would they request their conveyancer to press on with the conveyancing in Norfolk.
I got the keys to my home on 8 April and my personal details is not yet on the land registry website. Any reason for this? My conveyancing solicitor in Norfolk said it should be concluded inside ten days. Are titles in Norfolk uniquely lengthy to register?
As far as conveyancing in Norfolk is concerned, registration is no quicker or slower than the rest of England and Wales. As opposed to being determined by geographic area, timescales can adjust subject to who lodges the application, whether there are errors and if the Land registry have to notify any other parties. At present in the region of 80% of such applications are fully dealt with in less than three weeks but occasionally there can be extensive delays. Registration takes place after the buyer is living at the property therefore an expedited registration is not always an essential issue yet where it is urgent that the the registration takes place urgently then you or your solicitor can contact the land registry and explain the circumstances.
How can the Landlord & Tenant Act 1954 affect my commercial premises in Norfolk and how can you help?
The 1954 Act affords a safeguard to business lessees, granting the legal entitlement to apply to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Norfolk is one of the hundreds of areas of the UK in which our lawyers are based
Can you provide any advice for leasehold conveyancing in Norfolk from the point of view of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Norfolk can be avoided if you get in touch lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold information which will be required by the buyers’ conveyancers. You believe that you know the number of years left on your lease but you should verify this via your solicitors. A purchaser's conveyancer will be unlikely to recommend their client to where the remaining number of years is under 80 years. It is therefore essential at an early stage that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be nervous about purchasing a property where a dispute is ongoing. You may have to bite the bullet 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 will still have to reveal details of the dispute to the buyers, but it is better to reveal the dispute as historic rather than unsettled. If you have the benefit of shareholding in the freehold, you should ensure that you have the original share document. Obtaining a duplicate share certificate is often a time consuming process and slows down many a Norfolk home move. Where a reissued share certificate is necessary, you should approach the company officers or managing agents (if relevant) for this as soon as possible.
Norfolk Leasehold Conveyancing - A selection of Queries Prior to Purchasing
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Is there a share of the freehold? Is anyone aware of any major works in the planning that will likely increase the service charges? Best to be warned if a new roof is being installed or some other significant cost is coming up to be shared between the leaseholders and will dramatically increase the the service charges or require a specific invoice.