We are buying a newly built apartment in Pontefract and my lawyer is advising me that she has to the bank to reveal incentives from the builder. I am under pressure to sign contracts and I don't want to delay deal. Is my lawyer right?
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 provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
After scouring consumer advice sites for a conveyancing solicitor in Pontefract, most post that I must use a CQS accredited lawyer. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * compliance with best practice conveyancing processes via the scheme protocol It covers many companies who handle conveyancing in Pontefract.
If you had a top tip for selecting a conveyancing solicitor in Pontefract what would it be?
We would encourage you not to base your choice on the lowest Pontefract conveyancing quote. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
My husband and I have arranged a further advance on our mortgage from Skipton as we want to conduct a loft conversion to our house in Pontefract. Are we obliged to select a high street Pontefract solicitor on the Skipton conveyancing panel to handle the legals?
Skipton do not ordinarily instruct a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Skipton list.
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Pontefract building society branch on various occasions and was reassured it wasn't a problem and they will lend. My Pontefract conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your property lawyer has to follow the CML Handbook Part 2 specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the bank 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.
How does conveyancing in Pontefract differ for new build properties?
Most buyers of new build premises in Pontefract come to us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is finished. This is because builders in Pontefract tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Pontefract or who has acted in the same development.
I am in need of some leasehold conveyancing in Pontefract. Before I set the wheels in motion I would like to find out the unexpired term of the lease.
If the lease is recorded at the land registry - and 99.9% are in Pontefract - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Pontefract Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying
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Most Pontefract leasehold flats will be liable to pay a service charge for maintenance of the block set on behalf of the freeholder. If you acquire the flat you will have to pay this liability, normally in instalments throughout the year. This can be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. In all likelihood there will be a rentcharge to be met yearly, ordinarily this is not a exorbitant figure, say around £25-£75 but you should to enquire it because on occasion it can be prohibitively expensive. The best form of lease arrangement is if the freehold title is in the ownership of the leaseholders. In this scenario the tenants have being in charge if their destiny and although a managing agent is usually retained if it is bigger than a house conversion, the managing agent employed by the leaseholders.
My father-in-law mentioned that before choosing a conveyancing firm they must be approved by your mortgage company. It happens to be my first house move but I have an offer in principle with Santander and I already have a bricks and morter conveyancing solicitor in Pontefract in place. Can Santander require an approved solicitor to be instructed? If so, where can I find that list so I can pick a conveyancing lawyer in Pontefract?
You need to choose a solicitor that is on the Santander panel. The first thing to do is ring your chosen Pontefract conveyancing lawyer to check if they are on the Santander panel. If they are not approved you have a couple of choices open to you here:
- Complete the deal with your chosen Pontefract conveyancing practitioner but Santander will need to retain a solicitor on their approved list. The net impact is additional charges together with potential frustration.
- Choose a new solicitor to conduct the conveyancing, not forgetting to check that they are on the Santander conveyancing panel.
- Appeal to your lawyer to apply to join the mortgage company panel.