I am obtaining a mortgage with Nat West. I hope to retain the legal services of a Licensed Conveyancer in St Ives. Does the Nat West Solicitor panel allow for conveyancers regulated by the CLC?
The Nat West approved solicitor list is, like many other lenders, associated to the CML or BSA, open to Licensed Conveyancers regulated by the Council of Licensed Conveyancers.
We had appointed conveyancing lawyers locally in St Ives on the Co-operative solicitor approved list. They have just invoiced me a separate amount for dealing with the Co-operative mortgage. Is this an additional conveyancing fee specified by Co-operative?
Unfortunately, so long as it is in their Terms of Engagement or estimate then yes your conveyancer is entitled to levy a fee for this. The fee is not dictated by Co-operative but by your St Ives solicitor. Some firms on the Co-operative panel will charge ’dealing with mortgage’ fee but plenty of firms include it on their overall fee.
I recently had an offer agreed on a house in St Ives. My financial adviser suggested a lawyer. I paid an on account payment of £225. Soon after, the property lawyer contacted me embarrassingly acknowledging that they were not on the HSBC conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the HSBC panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Having digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local St Ives solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your St Ives postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in St Ives.
I decided to have a survey carried out on a house in St Ives before instructing solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor advised that some banks tend refuse to grant a mortgage on such a home.
It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in St Ives. Conveyancing may be slightly more expensive based on your lender's requirements.
My husband and I are 18 days into a leasehold purchase having been referred to conveyancers by the estate agent to do our conveyancing in St Ives. I am not happy. Could you you assist me in finding new lawyers?
They would need to be really poor in order to consider changing them. Has your loan offer been issued? In the event that it has you need to make them aware of the new contact details and have the offer are re-issued. Your solicitor ideally should be on the banks panel to avoid added expenses and frustration. So that should be your first question of the new solicitors. Our find a solicitor tool will assist you in finding a lender approved solicitor for your conveyancing in St Ives
I am hoping to put an offer on a small detached house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently found out that it's a leasehold as opposed to freehold. I am assuming that there are particular concerns buying a house with a leasehold title in St Ives. Conveyancing advisers have are about to be appointed. Will my lawyers set out the implications of buying a leasehold house in St Ives ?
Most houses in St Ives are freehold and not leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are buying in St Ives in which case you should be looking for a St Ives conveyancing solicitor and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’spermission to carry out changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer should report to you on the legal implications.
St Ives Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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For many St Ives leaseholds the cost for major works tend not to be included within maintenance charges, albeit that some managing agents in St Ives require tenants to contribute towards a reserve fund and this is used to offset against larger repairs or maintenance. It would be sensible to investigate if the the lease contains any adverse restrictions in the lease. For example plenty of leases prohibit pets being allowed in in a block in St Ives. If you love the propertyin St Ives however your dog can’t make the move with you then you will be faced difficult compromise. Best to be warned if a new roof is being put on or some other major work is due in the foreseeable future to be shared by the leasehold owners and may well materially increase the the service costs or require a one off invoice.
When it comes to my conveyancing in St Ives should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some St Ives conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the conveyancing practitioner's time in submitting the funds this way.