My husband and I are purchasing a newly built duplex in Pitsea and my conveyancer is informing me that she is duty bound to the lender to disclose incentives from the seller. I am nearing the developer’s deadline to exchange and I would rather not delay the conveyancing. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
We are planning to move home in October. Does my conveyancing solicitor liaise with the removal company on the completion day. On a separate note, can you suggest a removal company in Pitsea. Conveyancing solicitor was organised before I stumbled across this website.
On the day of completion you can pick up the keys from the property agent but this should only occur after the previous owners solicitors advise the agent that they have the completion monies and the keys can be handed over. After that you should inform the removal company that you are ready to move in. We are not in a position to suggest a particular removal company but can assist you in finding a conveyancing in Pitsea or a legal practice that specialises in conveyancing in Pitsea.
I'm the single beneficiary of my late grandmother’s will and I have everything in my name now, including the my former home in Pitsea. Conveyancing formalities meant that the Land Registry date was in June. I now wish to sell up. I do know about the CML six month 'rule', which means that my property ownership will be considered the same way as if I'd bought the property in June. Do I have to wait 6 months to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. many banks would take a practical view as this requirement is primarily there to capture subsales or the flipping of property.
After months of negotiation I have agreed a price on an apartment in Pitsea. My financial adviser suggested a conveyancer. I paid an on account payment of £150. A couple of days later, the conveyancing practitioner called me embarrassingly acknowledging that they were not on the Aldermore conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Aldermore panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I used Arc property Solicitors several years past for my conveyancing in Pitsea. I now require my papers however the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Pitsea of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Just had an offer accepted on a new build apartment in Pitsea. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Pitsea
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply a car parking plan. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I have been on the look out for a ground for flat up to £195,000 and identified one round the corner in Pitsea I like with open areas and station in the vicinity, however it only has 51 remaining years left on the lease. I can't really find anything else in Pitsea suitable, so just wondered if I would be making a mistake acquiring a lease with such few years left?
Should you require a mortgage the remaining unexpired lease term may be an issue. Reduce the offer by the amount the lease extension will cost if it has not already been discounted. If the existing proprietor 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 current lease and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this matter.
I work for a busy estate agency in Pitsea where we have experienced a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have received contradictory information from local Pitsea conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Pitsea Leasehold Conveyancing - Sample of Queries before Purchasing
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How is the lease structured? Make sure you discover if there are any onerous prohibitions in the lease. By way of example it is reasonably common in Pitsea leases that pets are not allowed in certain buildings in Pitsea. If you like the apartmentin Pitsea yet your cat can’t make the move with you then you have a very difficult compromise. The answer will be helpful as a) areas may result in problems for the building as the common areas may begin to deteriorate where repairs remain unpaid b) if the tenants have an issue with the managing agents you will wish to have all the details