My partner and I are purchasing a brand new apartment in South Brent and my conveyancer is informing me that she has to the lender to disclose incentives from the builder. I am nearing the developer’s deadline to exchange 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 conveyancing practitioner. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Will our lawyer be raising enquiries about flooding as part of the conveyancing in South Brent.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in South Brent. Some people will acquire a property in South Brent, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, however there are a various searches that can be initiated by the buyer or by their conveyancers which will give them a better appreciation of the risks in South Brent. The conventional set of property information forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to discover if the property has historically flooded. In the event that flooding has previously occurred and is not disclosed by the vendor, then a purchaser may issue a legal claim for losses as a result of such an incorrect answer. A purchaser’s solicitors may also conduct an environmental report. This will indicate whether there is a recorded flood risk. If so, additional inquiries should be initiated.
Despite weeks of looking the Title Certificate and documents to my house can not be found. The solicitors who conducted the conveyancing in South Brent 5 years ago no longer exist. What are my options?
You no longer need to have the physical deeds to prove you are the registered proprietor of land or property, as the Land Registry have everything they need in a digital format.
Due to the encouragement of my in-laws I had a survey completed on a property in South Brent before instructing lawyers. I have been told that there is a flying freehold aspect to the house. The surveyor has said that some mortgage companies tend not give a mortgage on such a house.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in South Brent. Conveyancing will be smoother if you use a solicitor in South Brent especially if they are accustomed to such properties in South Brent.
How straightforward is it to use your search tool to select a conveyancing solicitor in South Brent on the authorised to act for my mortgage?
1st select a lender such as Lloyds TSB Bank, Virgin Money or Aldermore then choose your location for example South Brent. Conveyancing organisations in South Brent and beyond should be identified.
The mortgage broker has recommended their lawyer for our conveyancing in South Brent - Is it not simpler better to just use them?
You need to establish if the estate agent is recommending a lawyer or introducing to a conveyancing practitioner. There are plenty of South Brent selling agents who recommend two or three South Brent conveyancing firms and get nothing from it.