My partner and I are acquiring a newly constructed apartment in Rayleigh and my conveyancer is telling me that she is duty bound to the bank to reveal incentives from the seller. I am nearing the developer’s deadline to sign contracts and my preference is not to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank 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.
My house in Rayleigh is up for sale and I have accepted an offer. Does my property lawyer have to be required to be on the Leeds Building Society conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Leeds Building Society conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their requirements fairly frequently in recent years.
I opted to have a survey done on a property in Rayleigh in advance of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies tend not issue a loan on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Rayleigh. Conveyancing will be smoother if you use a solicitor in Rayleigh especially if they are acquainted with such properties in Rayleigh.
I was advised by numerous estate agents in Rayleigh to locate a solicitor on your site. Is there a financial incentive for Estate Agents to offer your services rather than alternative conveyancing organisations?
We refuse to make any commission for directing people in our direction. We found it would be just too difficult to pay a commission as home movers will think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
In my capacity as executor for the will of my aunt I am disposing of a house in Cardiff but live in Rayleigh. My conveyancer (based 200 kilometers awayrequires that I sign a statutory declaration before the transaction finalising. Can you recommend a conveyancing lawyer in Rayleigh to attest and place their company stamp on the document?
Technically speaking you are not likely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are located in Rayleigh
Back In 2002, I bought a leasehold flat in Rayleigh. Conveyancing and Alliance & Leicester mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Rayleigh who acted for me is not around. Any advice?
The first thing you should do is contact HMLR to be sure that this person is indeed the new freeholder. There is no need to instruct a Rayleigh conveyancing practitioner to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Rayleigh Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
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The answer will be helpful as a) areas may cause problems in the block as the communal areas may start to deteriorate if services remain unpaid b) if the tenants have a dispute with the managing agents you will wish to have all the details Is the freehold reversion owned collectively by the leaseholders? Does the lease include onerous restrictions?