I am acquiring a flat in Seaton Delaval. My Solicitor is not listed on the lender solicitor panel. Is it possible for me to use my Seaton Delaval conveyancing solicitor even though they are not on the lender approved list?
You have a number of choices available to you here
- Carry on with your preferred Seaton Delaval property lawyer but your bank will no doubt instruct a property lawyer from their approved panel. The net result is additional fees together with probable interruption.
- Get a fresh conveyancer to act in the purchase, ensuring that they are on the lender conveyancing panel.
- Convince your lawyer to apply to join the mortgage company panel
I am buying a house without a mortgage in Seaton Delaval. I have been living for the last dozen years in Seaton Delaval. Conveyancing searches are expensive. As I know the area and road intimately should I not bother getting the solicitor to do all the conveyancing searches?
Provided that you do not need a home loan, then all but one or two of the Seaton Delaval conveyancing searches are non-obligatory. Your solicitor will ’encourage you, no-doubt strongly, that you should have searches done, but she is duty bound to do this. Do consider; if you are likely to dispose of the house in the future, it could be of interest to your prospective purchaser what the searches contain. There are plenty of instances where houses with apparent issues can still reveal adverse search results. A good conveyancing solicitor in Seaton Delaval will provide you some helpful advice here.
I purchased a freehold property in Seaton Delaval but nevertheless pay rent, why is this and what is this?
It is rare for properties in Seaton Delaval and has limited impact for conveyancing in Seaton Delaval but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence post 2037 will be dispensed with completely.
Should our conveyancer be raising enquiries concerning flooding as part of the conveyancing in Seaton Delaval.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Seaton Delaval. Plenty of people will purchase a house in Seaton Delaval, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, however there are a various checks that can be initiated by the purchaser or by their conveyancers which will give them a better appreciation of the risks in Seaton Delaval. The standard completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to discover if the premises has ever been flooded. In the event that flooding has previously occurred and is not notified by the vendor, then a buyer could issue a legal claim for losses resulting from an inaccurate answer. The purchaser’s conveyancers may also carry out an enviro search. This should indicate whether there is any known flood risk. If so, more detailed inquiries will need to be conducted.
How does conveyancing in Seaton Delaval differ for newly converted properties?
Most buyers of new build residence in Seaton Delaval come to us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is completed. This is because new home sellers in Seaton Delaval tend to acquire the site, 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 conveyancers 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 Seaton Delaval or who has acted in the same development.
Our conveyancing solicitor in Seaton Delaval has requested from me ID documents asserting that this is part of his legal duty as a solicitor on the mortgage company Conveyancing panel. This is news to me - can I refuse?
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 mortgage company. This is not unique to conveyancing in Seaton Delaval