We are nearing an exchange on a flat in Pulborough and my mum and dad have transferred the exchange deposit to my conveyancing practitioner. I am now advised that as the deposit has been sent from someone other than me my conveyancer needs to disclose this to my lender. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I advised the mortgage company about my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?
The property lawyer is duty bound to check with lender to ensure that they are aware that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.
We're in Pulborough, FTBs buying with a mortgage (lender is Bank of Ireland , and our lawyer is on the Bank of Ireland conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Bank of Ireland conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Please help - my lawyer advises that lack of planning permission insurance is required on my purchase. What is the level of cover for Pulborough conveyancing?
The right level of lack of planning permission indemnity insurance depends on your lender. It would differ for example between Birmingham Midshires and The Mortgage Works. Conveyancing solicitors as opposed to members of the public take out such policies.
We are getting the release of further funds on our home loan from UBS as we intend to conduct improvements to our house in Pulborough. Are we obliged to select a bricks and mortar Pulborough solicitor on the UBS conveyancing panel to deal with the paperwork?
UBS would not normally 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 UBS conveyancing panel.
I have instructed a Pulborough lawyer having made sure that they are on the Aldermore conveyancing panel. Does my lawyer arrange the survey of the property?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Pulborough surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Various internet forums that I have frequented warn that are a common reason for stalling in Pulborough house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) published determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the top 10 causes of hindrances in the conveyancing process. Local searches are not likely to be the root cause of delay in conveyancing in Pulborough.
I have been recommended by numerous estate agents in Pulborough to find a property lawyer on your site. What’s the financial inducement for Estate Agents to recommend your services ahead of a competitor’s?
We don’t give any commission for sending work in our direction. We thought it would be too underhand a fee because a client could think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
How does one as executor remove a departed person's details from the title register for a house in Pulborough?
If a Pulborough property is co-owned and one of the owners dies, their name will not immediately be removed from the title deeds. It is not necessary to remove their name as when it comes to a sale you would simply be asked to evidence as to the reason the joint owner is not a party to the contract, typically this takes the form of the probate documents.
With a view to making the sale conveyancing simpler for the sale of the property you can apply to have the deceased person removed from the title by submitting an application to HMLR with evidence of the death. There is no land registry fee payable.