My wife and I are purchasing a newly constructed apartment in Polesworth and my lawyer is informing me that she is duty bound to the bank to disclose incentives from the builder. I am under pressure to exchange and I have no desire to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Having sold my house in Polesworth last October yet the purchaser is e-mailing every few hours to say their lawyer is waiting to hear from mine. What should have happened now that I have sold?
After completion of your disposal your solicitor is committed to send the transfer deeds and all of the paperwork to the purchaser's lawyers. Depending on the transaction, your lawyer must also confirm that the home loan has been repaid to the purchasers lawyers. There is unlikely to be post completion tasks unique to conveyancing in Polesworth.
About to purchase a new build flat in Polesworth. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Polesworth
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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.
Am I best advised to go with a Polesworth conveyancing lawyer based in the area that I am buying? I have an old university friend who can deal with the conveyancing but his firm is located approximately 350kilometers away.
The primary upside of using a high street Polesworth conveyancing firm is that you can visit the firm to sign documents, hand in your identification documents and apply pressure on them where appropriate. Having local Polesworth know how is a benefit. That being said nothing is more important than finding someone that will do a good and efficient job. If you know people who instructed your friend and on the whole were happy that must trump using an unknown Polesworth conveyancing lawyer just because they are Polesworth based.
Last November I purchased a leasehold property in Polesworth. Am I liable to pay service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Polesworth Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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The majority of Polesworth leasehold properties will incur a service bill for maintenance of the block set by the freeholder. Where you buy the property you will have to meet this contribution, normally periodically throughout the year. This can vary from several hundred pounds to thousands of pounds for large purpose-built blocks. In all likelihood there will be a rentcharge for you to pay annual, this is usually not a significant sum, say approximately £50-£100 but you need to check as on occasion it could be many hundreds of pounds. It is important to be aware whether window replacement or some other major work is due shortly that will be shared amongst the tenants and will dramatically impact the level of the maintenance charges or necessitate a one time payment.
I am an executor of my recently deceased parent's Will, with a house in Polesworth which is to be sold. The property has never been registered at the Land Registry and I'm told that some EAs will insist that it is completed before they'll proceed. What's the mechanism for this?
In the situation that you have set out it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.