The owners have rather brash sellers who has recommended a preliminary agreement with a non-refundable deposit 6,000. Are such agreements sensible?
This type of preliminary agreement isn't common in Rutland, conveyancers are not keen on them as they detract from focusing on the primary objective, namely conveyancing and if you end up losing your deposit then the solicitor is left exposed. In addition, there is no guarantee that just because the vendor has entered into an exclusivity contract they will sell to you. They may be in contravention of the contract if they are offered a big enough offer to do so because an aggrieved party with the benefit of a exclusivitycontract will still have to establish consequential losses from the breach and this may not compare to the financial upside that your vendor may secure by breaching the agreement, however morally unworthy it undoubtedly is.
Completed the sale of my flat in Rutland last April yet the purchaser is telephoning daily to moan that her solicitor is waiting to hear from mine. What are the post completion sale legalities now that I have sold?
After completion of your sale your lawyer should forward the transfer documentation and all additional paperwork to the purchaser's solicitors. Where relevant, your solicitor must also send confirmation that the mortgage has been discharged to the purchasers solicitors. There is unlikely to be post completion formalities unique to conveyancing in Rutland.
A colleague recommended that where I am buying in Rutland I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally quoted for as part of the standard Rutland conveyancing searches. It is not a small report of more than thirty pages, listing and detailing important information about Rutland around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Rutland Education with plans and statistics, Local Amenities and other useful data concerning Rutland.
Am I right to be wary by estate agents that I am dealing with are encouraging me to use a national conveyancing firm rather than a local Rutland conveyancing company?
As is the case with lots of service providers, often input from family and friends can be worth their weight in gold. Nevertheless there are numerous players in a conveyancing deal; estate agents, mortgage brokers and mortgage companies may suggest conveyancers to select. Sometimes these solicitors might be known to one of the organisations as being good in their field, but sometimes there exists a commercial relationship behind the recommendation. You have the right to select your preferred lawyer. Don't forget that many mortgage providers have an approved list of law firms you have to use for the mortgage related work in your home move.
There are only Fifty years unexpired on my lease in Rutland. I now wish to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to find the lessor. In some cases an enquiry agent may be useful to carry out a search and to produce an expert document to be used as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer in relation to investigating the landlord’s disappearance and the vesting order request to the County Court overseeing Rutland.
Rutland Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
-
Are there any major works on the horizon that will increase the maintenance costs? How many years are left on the lease? It is important to be aware if a new roof is being installed or some other major work is due in the near future that will be shared between the leaseholders and may well materially increase the the maintenance charges or necessitate a one time payment.
My property lawyer in Rutland has informed me that he requires personal identification documents saying that this forms part of his obligations as a conveyancer on the mortgage company Conveyancing panel. Can this be correct?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the lender. This is not specific to conveyancing in Rutland