Please help. My Sheen Park solicitor is informing me me that she is duty bound toconduct Sheen Park conveyancing searches asthe firm are on the HSBCsolicitor panel. Do I not have any say here?
You have limited options available to you. Given that you are taking out a loan with a mortgage company your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Sheen Park conveyancing searches.
We wish to acquire a 1 bedroom flat in Sheen Park with a residential mortgage from Birmingham Midshires.We use our Sheen Park conveyancing lawyer but Birmingham Midshires advised that she’s not listed on their "panel". we are left little option but to use a Birmingham Midshires panel firm or keep our high street solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Birmingham Midshires use our lawyer?
No, not really. The loan issued to you contains various provisions, one of which will be that lawyers must be on the Birmingham Midshires approved list. in the past, most banks had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Birmingham Midshires
Have just purchased a probate house at auction in Sheen Park. Conveyancing is needed. What is next?
Given that you have now legally committed yourself to purchase you now have to instruct a conveyancing solicitor soon as you will have a fast approaching deadline in which to complete the purchase. Every auction property will have an associated legal pack. This will include most,if not all of the documents that your solicitor will need. In the case of leasehold premises the conveyancing papers should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to a leasehold property. You need to hand this to your appointed conveyancing solicitor ASAP. You also need to ensure that your finances are in place to complete the transaction on the set completion date.
I have decided to exercise my right to buy my property in Sheen Park off the council. I have a mortgage agreed with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Planning on purchasing a maisonette in Sheen Park. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Clydesdale conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Sheen Park conveyancing practitioner is on the Clydesdale conveyancing panel.
Will my lawyer be raising questions about flooding as part of the conveyancing in Sheen Park.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Sheen Park. There are those who buy a property in Sheen Park, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, however there are a various checks that can be carried out by the purchaser or on a buyer’s behalf which will figure out the risks in Sheen Park. The standard information supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the seller to discover whether the property has suffered from flooding. In the event that flooding has previously occurred which is not disclosed by the vendor, then a purchaser may bring a claim for damages stemming from an misleading answer. The purchaser’s lawyers may also order an environmental report. This will indicate if there is a recorded flood risk. If so, more detailed inquiries will need to be conducted.
I am buying a new build flat in Sheen Park. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Sheen Park
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are architect prepared.
I have just started marketing my 2 bed flat in Sheen Park. Conveyancing has not commenced, but I have recently received a yearly maintenance charge invoice – what should I do?
Your conveyancing lawyer is likely to suggest that you should clear the invoice as normal because all rents and maintenance invoices will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Following years of dialogue we are unable to agree with our landlord on how much the lease extension should cost for our flat in Sheen Park. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to arrive at the amount due.
An example of a Freehold Enfranchisement matter before the tribunal for a Sheen Park residence is 19 St. Margarets Crescent in August 2010. the tribunal was of the view that the premium to be paid by the leaseholder for the freehold reversion was £51,983.00 This case was in relation to 3 flats. The number of years remaining on the existing lease(s) was 66.25 years.