We are intending to buy a 2 bedroom flat in Southfields with a mortgage. We wish to retain our Southfields conveyancer, however the mortgage company says she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or continue with our Southfields conveyancer as well as pay for one of their panel lawyers to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’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. Another option that might be available is for your Southfields conveyancing solicitor to apply to be on the conveyancing panel.
What is the first thing I need to know about purchase conveyancing in Southfields?
You may not hear this from too many lawyers but conveyancing in Southfields or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of opportunity for conflict between you and others involved in the house moving process. For instance, the vendor, property agent and even potentially the lender. Appointing a law firm for your conveyancing in Southfields should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the transaction whose responsibility is to protect your legal interests and to protect you.
Every so often a third party with a vested interest will attempt to convince you that you should follow their advice. For example, the estate agent may claim to be assisting by claiming that your lawyer is slow. Or your financial adviser may try to convince you to do something that is against your solicitors advice. You should always trust your lawyer above all other parties in the home moving process.
I am purchasing a new build flat in Southfields. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Southfields you will have to appoint a solicitor on your mortgage company's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Southfields.
Should commercial conveyancing searches reveal impending roadworks that could impact a commercial site in Southfields?
Its becoming the norm that commercial conveyancing solicitors in Southfields will order a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in looking into accurate data on highways that impact buildings and development assets in Southfields. The search result provides definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Southfields.
For every commercial conveyancing transaction in Southfields it is crucial to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may cause delays to Southfields commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for residential conveyancing in Southfields.
I have todaybecome aware that Stirling Law have closed. They carried out my conveyancing in Southfields for a purchase of a leasehold flat 9 months ago. How can I be sure that my home is in my name in the name of the previous owner?
The quickest way to check if the premises is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Southfields conveyancing specialists.
I inherited a ground-floor 1950’s flat in Southfields. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the amount due for a lease extension?
in cases where there is a absentee landlord or where there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to determine the amount due.
An example of a Lease Extension decision for a Southfields premises is 83 Balvernie Grove in February 2012. The Tribunal assessed the price to be paid by the leaseholder to the freeholder for the lease extension pursuant to section 48 of the Leasehold Reform Housing & Urban Development Act 1993 should be£16,603.00 This case was in relation to 1 flat. The unexpired lease term was 69.32 years.
What are the common problems that you encounter in leases for Southfields properties?
There is nothing unique about leasehold conveyancing in Southfields. Most leases are unique and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
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A duty to insure the building Service charge per centages that don't add up correctly leaving a shortfall
A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Halifax, Virgin Money, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.