My wife and I are looking to buy a house in Norfolk and are in fact using a Norfolk conveyancing firm. Within the past 48 hours our property lawyer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Barnsley Building Society have this evening contacted us to advise us that there is now an issue as our Norfolk lawyer is not on their conveyancing panel. Is this a problem?
Where you are buying a property requiring a mortgage it is usual for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Norfolk solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I am assisting my mother sell her house in Norfolk. Will the conveyancer arrange the EPC or it is for me to see to?
After the abolition of Home Packs, energy assessments was retained a mandatory part of selling a house. An energy performance certificate must be to hand in advance of the property being put on the market. It is not a task that solicitors normally organise. Where you are using a Norfolk conveyancing solicitor they may help arrange energy assessments due to their relationships with long established Norfolk assessors
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Norfolk bank branch on numerous occasions and was informed it wasn't an issue and they will lend. My Norfolk conveyancing solicitor - who is on the lender conveyancing panel- called and was told they would not lend based on their published requirements. I have no idea who is right.
Your conveyancing practitioner has to comply with the CML Handbook Part 2 provisions for your 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Our offer on a semi in Norfolk has been agreed to, but there is a chain. The owners have put an offer on somewhere, but it’s not yet agreed to, and have viewings of other properties in the pipeline. I have instructed a nearby conveyancing solicitor in Norfolk. What do I do now? When do I get the mortgage application with Bank of Ireland started?
It is normal to have anxieties where there is a chain as you are unlikely to want to be too out of pocket too early (mortgage application is approx £1k, then survey, Norfolk conveyancing search costs, etc). The first thing to do is ensure that your solicitor is on the Bank of Ireland approved list. As to the subsequent phase this very much dictated by the circumstances of your transaction, attraction to this property and on the state of the market. In a hot market many purchasers will apply for a home loan with Bank of Ireland and pay for the valuation and only if it was satisfactory would they ask their conveyancing practitioner to press on with searches.
Will our solicitor be asking questions concerning flooding as part of the conveyancing in Norfolk.
Flooding is a growing risk for conveyancers dealing with homes in Norfolk. Plenty of people will purchase a house in Norfolk, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to impart advice on flood risk, however there are a number of searches that can be carried out by the purchaser or on a buyer’s behalf which should figure out the risks in Norfolk. The conventional set of property information forms given to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to find out if the premises has ever been flooded. If the property has been flooded in past which is not disclosed by the seller, then a buyer may bring a compensation claim as a result of such an incorrect response. A buyer’s conveyancers will also commission an enviro search. This should disclose if there is a recorded flood risk. If so, further inquiries should be conducted.
How does the Landlord & Tenant Act 1954 affect my business property in Norfolk and how can you help?
The particular law that you refer to affords security of tenure to commercial lessees, giving them the dueness to make a request to court for a new tenancy and remain in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are complex. Fees are different for commercial conveyancing. Norfolk is one of our many locations in which the firms we work with are located
My husband and I are first time buyers - had an offer accepted, but the estate agent informed us that the vendor will only issue a contract if we instruct the agent's preferred solicitors as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a high street solicitor who is accustomed to conveyancing in Norfolk
It is unlikely the sellers are driving this. Should the vendor want ‘a quick sale', alienating a serious buyer is is going to put the whole deal at risk. Speak to the owners direct and make sure they comprehend that (a)you are serious purchasers (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)but you intend to instruct your own,trusted Norfolk conveyancing lawyers - not the ones that will give the estate agent a kickback or meet his conveyancing targets set by corporate headquarters.
What are your top tips when it comes to finding a Norfolk conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Norfolk conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you speak with two or three firms including non Norfolk conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be useful:
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What are the legal fees for lease extension conveyancing? If they are not ALEP accredited then what is the reason?
Leasehold Conveyancing in Norfolk - Sample of Questions you should consider Prior to Purchasing
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What is the name of the managing agents? In the main the outlay for major works tend not to be wrapped into the maintenance charges, although some managing agents in Norfolk ask leaseholders to contribute towards a sinking fund and this is used to offset against major works. How much is the ground rent and service charge?