I decided to go with a local solicitor for our conveyancing in Orpington today. Reviewing the small print I seewe are on the hook for charges even if the movefalls through. Should I ditch them and choose a web based lawyer who offer no completion no charge conveyancing in Orpington?
It is usually a trade off in that if "No Sale No Fee" is advertised then the conveyancing charges will generally be higher to neutralise the transactions that do not go ahead. Please beware that such schemes rarely protect you from expenses e.g. Orpington conveyancing search costs.
Our conveyancer has uncovered a defect with the lease for the property we are purchasing in Orpington. The other side have offered defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must check that the lender is happy with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
Should my solicitor be asking questions concerning flooding during the conveyancing in Orpington.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Orpington. Some people will buy a property in Orpington, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, but there are a numerous checks that can be carried out by the purchaser or by their solicitors which can figure out the risks in Orpington. The conventional set of information given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a usual inquiry of the seller to determine if the premises has suffered from flooding. In the event that the property has been flooded in past which is not disclosed by the owner, then a buyer could issue a compensation claim stemming from an misleading answer. The buyer’s lawyers should also commission an environmental report. This should reveal if there is any known flood risk. If so, additional inquiries should be initiated.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Orpington is the location of the property. What do you suggest?
Flying freeholds in Orpington are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Orpington you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Orpington may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
How difficult is it to change solicitor as I have to select one who is on the HSBC Bank conveyancing panel. I hired a high street conveyancing solicitor in Orpington five minutes from me but he is not accepted by HSBC Bank
We will our best to assist in finding you a conveyancing solicitor in Orpington on the HSBC Bank panel. Please note that the property lawyers that we on the directory do not pay us commission if you instruct them and are fully regulated by the SRA who oversee all conveyancing solicitors in Orpington. In utilising search facility on this page, you can compare and instruct different solicitors and conveyancers both nationally and in Orpington.
Our conveyancer has advised that he intends to complete and exchange simultaneously on the sale of our £400,000 maisonette in Orpington next week. The landlords agents has quoted £360 for Certificate of Compliance, building insurance schedule and previous years statements of service charge. Is the landlord entitled to charge such fees for a leasehold conveyance in Orpington?
Orpington conveyancing on leasehold flats ordinarily necessitates administration charges levied by freeholders :
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Answering pre-contract questions
Where consent is required before sale in Orpington
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Orpington conveyancing firm to help?
if there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to assess the price payable.
An example of a Lease Extension matter before the tribunal for a Orpington property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The remaining number of years on the lease was 50.57 years.