My husband and I are purchasing a 2 bedroom flat in South Yorkshire with a mortgage. We have a South Yorkshire solicitor, however the bank says he's not on their "panel". It seems we have little option but to use one of the mortgage company panel solicitors or continue with our South Yorkshire lawyer and pay for one of their panel firms to act for them. We regard this is unjust; is there anything we can do?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders 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 South Yorkshire conveyancing lawyer to apply to be on the conveyancing panel.
Are the BSA intent on creating a online directory to list practices on the Earl Shilton BS conveyancing panel for example in South Yorkshire?
We are not aware of any intention on the part of the BSA to develop such a search facility.
I am helping my mother sell her house in South Yorkshire. Will the conveyancer arrange an energy assessment or do I organise this?
Following the demise of HIPs, EPC’s remained a mandatory component of selling a house. An EPC should be to hand before the property is marketed. This is not as aspect of the sale process that law firms normally organise. Where you are instructing a South Yorkshire conveyancing lawyer they may be willing to arrange EPC’s given their relationships with reputable South Yorkshire assessors
My bid for a property was accepted at auction in South Yorkshire. Conveyancing is required. What are my next steps?
Having exchanged you should choose a conveyancing practitioner soon as you are faced with a pending a fixed date to complete the property. An auction property should have a bespoke legal pack. This will include most,if not all of the paperwork that your solicitor requires. If you have purchased leasehold premises the conveyancing pack may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation pertinent to a leasehold property. You should give this to the lawyer instructed by you as soon as possible. You also need to ensure that that you have the requisite funding organised to complete on the date specified in the contract.
I currently have a mortgage with RBS for my property in South Yorkshire. Conveyancing has been completed months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform RBS?
RBS must be informed of your intention prior to letting out your property as this is likely to be a breach of RBS’s mortgage conditions. It may be that RBS will permit you to let 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 RBS directly. It should not be necessary to do this via a RBS conveyancing panel firm.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The lawyers who did the conveyancing in South Yorkshire 10 years ago are no longer around. Will I be able to sell the house?
Nowadays there are duplicates made of almost everything, and your conveyancer will be aware exactly where to find all the suitable documentation so you can buy or sell your house without a hitch. Where duplicates are not available, your solicitor can arrange cover in the form of insurance or indemnities against possible claims on the property.
How does conveyancing in South Yorkshire differ for newly converted properties?
Most buyers of new build premises in South Yorkshire approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because new home sellers in South Yorkshire typically 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 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 accustomed to new build conveyancing in South Yorkshire or who has acted in the same development.
We expect to complete the disposal of our £425,000 apartment in South Yorkshire in just under a week. The freeholder has quoted £312 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is the landlord entitled to charge such fees for a flat conveyance in South Yorkshire?
South Yorkshire conveyancing on leasehold flats more often than not necessitates the buyer’s solicitor sending questions for the landlord to address. Although the landlord is under no legal obligation to respond to these enquiries most will be willing to do so. They may charge a reasonable administration fee for answering enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the information that you are referring to is £350, in some transactions it is above £800. The management information fee invoiced by the landlord must be sent together with a synopsis of rights and obligations in relation to administration fees, without which the invoice is technically not due. Reality however dictates that one has no option but to pay whatever is requested of you should you wish to complete the sale of your home.
Leasehold Conveyancing in South Yorkshire - A selection of Queries Prior to Purchasing
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Is anyone aware of any major works in the near future that will likely increase the maintenance charges? If a South Yorkshire lease has fewer than eighty years it will affect the value of the apartment. Check with your lender that they are willing to lend given the lease term. Leases with less than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and you need to have some idea of what this would cost. Remember, in most cases you would be be obliged to have owned the premises for 24 months before you are legally able to extend the lease. How long is the Lease?