We have rather assertive vendors who has recommended a exclusivity agreement with a down payment 10k. Are such agreements sensible?
This form of preliminary agreement isn't frequently used in Petworth, conveyancers are often found to direct clients away from them as they detract from focusing on the primary objective, namely conveyancing and if you end up having your deposit forfeited then the lawyer is left exposed. Secondly, there is no certainty that just because the proprietor has executed an exclusivity contract they will complete the sale with you. They may be in contravention of the contract if they receive a large enough financial inducement to do so because an aggrieved claimant with the benefit of a lockoutcontract will still be obliged establish consequential losses from the breach and these may not equalise the extra amount that your seller may secure by reneging on the contract, no matter how morally reprehensible the behaviour is.
After scouring consumer advice sites for a recommended solicitor in Petworth, many advise that I must instruct a CQS kitemarked solicitor. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in buying or selling property, trusted by some of the UK's major lenders. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. CQS is not a scheme offered by the Council of Licensed Conveyancing. Petworth is one of the numerous areas in England and Wales where there are CQS solicitors.
Is there a list of Barclays panel solicitors in Petworth on the UK Finance Lenders’ Handbook Website?
Unfortunately not yet. There is no such directory service on the Council of Mortgage Lenders or Building Society Association websites. Very few lenders make their panel listings viewable over the internet. If you are looking for a Petworth property lawyer on the Barclays please make the most of our facility.
I have decided to exercise my right to buy my property in Petworth off the council. I have a mortgage agreed with RBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Principality have agreed my mortgage in principle, my offer on a flat in Petworth has been accepted, what are the next steps?
The estate agent will wish to know who your solicitors are (be sure the conveyancers are on the bank’s approved list). Call up Principality or your broker and finalise any appropriate paperwork. Principality will appoint a valuer who will get in touch with the estate agent or vendor to schedule a time for the valuation to occur. Once carried out (assuming no problems) it takes about a fortnight to get a mortgage offer. Principality will send the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in Petworth.
Despite weeks of looking the Title Certificate and documents to our home are lost. The conveyancers who handled the conveyancing in Petworth 4 years ago no longer exist. Will I be able to sell the house?
As long as you have a registered title the details of your ownership will be recorded by HMLR under a Title Number. It is possible to carry out a search at the Land Registry, find your property and get up to date copies of the property title for a small fee. If the title is Leasehold then the Land Registry will usually retain a file duplicate of the Registered Lease and again, a copy can be ordered for a small fee.
I decided to have a survey completed on a house in Petworth before appointing lawyers. I have been advised that there is a flying freehold element to the property. Our surveyor advised that some mortgage companies tend not grant a mortgage on such a property.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. If you call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Petworth. Conveyancing may be slightly more expensive based on your lender's requirements.
How much experience do your Petworth conveyancing solicitors have with Help To Buy, Shared Equity and similar schemes?
Petworth conveyancing lawyers help thousands of people move home every year and helped lots of clients through the Help To Buy scheme. The chances are that whatever makes your case unique Petworth conveyancers have worked on recent similar cases.