Please help. My Queensferry conveyancer is informing me me that he has toconduct Queensferry conveyancing searches stemming from the fact thatthe firm are on the Lloydssolicitor panel. Do I not have any say here?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a mortgage company your property lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Queensferry conveyancing searches.
Will our conveyancer be asking questions regarding flooding as part of the conveyancing in Queensferry.
The risk of flooding is if increasing concern for lawyers dealing with homes in Queensferry. Some people will buy a house in Queensferry, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a number of searches that can be initiated by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Queensferry. The standard completed inquiry forms sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to find out if the property has suffered from flooding. In the event that the premises has been flooded in past which is not disclosed by the seller, then a purchaser could issue a claim for damages resulting from an misleading answer. The purchaser’s solicitors will also commission an enviro search. This will indicate whether there is a recorded flood risk. If so, additional inquiries should be initiated.
About to purchase a new build apartment in Queensferry. 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 legal work.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Queensferry
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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. Please confirm the Lease plans are architect prepared. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I opted to have a survey carried out on a house in Queensferry in advance of appointing solicitors. I have been advised that there is a flying freehold aspect to the property. The surveyor has said that some lenders tend not give a loan on such a house.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Queensferry. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Queensferry to see if the conveyancing will be more expensive.
We're first time buyers - had an offer accepted, yet the estate agent informed us that the seller will only go ahead if we use the agent's recommended solicitors as they need an ‘expedited deal’. My instinct tells me that we should use a high street conveyancer with experience of conveyancing in Queensferry
We suspect that the seller is unaware of this request. Should the owner require ‘a quick sale', taking such a hostile approach to a genuine buyer is counter productive. Try to communicate with the sellers directly and make sure they comprehend that (a)you are keen to buy (b)you are ready to go, with finances arranged © you have nothing to sell (d) you wish to move quickly (e)however you are going to appoint your own,trusted Queensferry conveyancing lawyers - not the ones that will earn the negotiator at the agency a introducer fee or achieve conveyancing targets demanded by corporate headquarters.
My husband and I are selling a Queensferry house left to us some years ago in 2010. I have over a decades worth of conveyancing know-how and, although retired, see no reason not to undertake the legal work. The purchaser's conveyancing practitioner has informed me that their Lenders will not allow you to do your own conveyancing as they require the funds to be released via a solicitor's bank account.
Mortgage requirements to property lawyers from all CML members state that If the seller is not legally represented the purchaser’s lawyers should check whether the bank needs to be informed so that a decision can be reached as to whether they are willing to move forward.