In looking at online forums for a high-quality solicitor in Rochester, most post that I must look for a CQS accredited lawyer. What is CQS?
Rochester Conveyancing Quality Scheme solicitors have achieved certification under the Law Society's Scheme (CQS) CQS was brought about to promote high standards in the home legal process. CQS enables house movers to identify solicitor firms who provide a quality residential conveyancing. Rochester is one of locations in England and Wales in which CQS are located. The scheme requires practices to undergo a strict assessment, compulsory training, self-reporting, spot checks and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Building Societies Association.
Is it the case that all Rochester solicitor firms on the Kent Reliance conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Kent Reliance approved list of solicitors they would need to be regulated by the SRA. Some banks do list licenced conveyancers on their panel in which case such organisation would be governed by the Council of Licensed Conveyancers.
I currently have a mortgage with Nationwide for my property in Rochester. Conveyancing has been completed 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nationwide?
Your original mortgage agreement with Nationwide will provide that you need their approval prior to renting your property as this is likely to be a breach of Nationwide’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nationwide directly. It should not be necessary to do this via a Nationwide conveyancing panel solicitor.
UBS have agreed my mortgage in principle, my bid on a flat in Rochester has been agreed to, what are the next steps?
Your property agent will need to be informed of your property lawyer's details (ensure that the solicitors are on the lender’s panel). Telephone UBS or your broker and finalise any relevant documentation. UBS will sellect a valuer who will get in contact with the estate agent or owners to arrange a slot for the valuation to take place. Once carried out (assuming no problems) it takes approximately a fortnight for the mortgage offer to be issued. UBS will send the offer to you and your lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Rochester.
My wife and I are intent on selling our property in Rochester and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. Any local conveyancer would know that there is no such problem. For the life of me I don't know why the purchasers are using a national conveyancing outfit as opposed to a conveyancing solicitor in Rochester. Having lived in Rochester for 5 years we know of no issue. Is it a good idea to get in touch with our local Authority to get confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
I used Arc property Solicitors a few years ago for my conveyancing in Rochester. Now, I need the documents but cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Rochester of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Rochester differ for new build properties?
Most buyers of new build or newly converted property in Rochester approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Rochester tend to purchase the land, 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 conveyancing solicitors 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 Rochester or who has acted in the same development.
I decided to have a survey carried out on a house in Rochester prior to retaining conveyancers. I have been told that there is a flying freehold overhang to the house. The surveyor has said that some mortgage companies tend not issue a mortgage on a flying freehold premises.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Rochester. Conveyancing may be slightly more expensive based on your lender's requirements.