I have given 2 months notice to my current landlord and have to be out of my rented flat in Swanage by the end of next month. Conveyancing for my house purchase has just started. Is it possible to complete in a couple of weeks as don't want to have to move into temporary accommodation?
It is unwise to give notice on a rental unless exchange of contracts has taken place. If you have not already done so, notify to your conveyancer and ask them to they seek the assistance the sellers solicitors, try to get a realistic time scale from them that everyone will work to achieve
Do I have to pop into the offices of the solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Swanage so that I can pop in to their offices if necessary.
Whereas this was necessary twenty years ago, the vast majority mortgage companies no longer require their conveyancing panel solicitor to witness the borrowers signature. It will still be necessary for you to hand over identification documents and there are still distinct advantages to using a local ayer, in your situation a conveyancing solicitor in Swanage.
We previously selected conveyancers located in Swanage on the RBS solicitor approved list. They have just billed me a separate sum for handling the RBS mortgage. Is this a supplemental conveyancing fee set by RBS?
As unfair as it may appear, as long as it’s in their Terms and Conditions or Quote then yes your lawyer can levy a fee for this. This charge is not set by RBS but by your Swanage lawyer. Numerous firms on the RBS panel will quote an ‘acting for lender’ fee and others do not.
I have decided to exercise my right to buy my property in Swanage off the council. I have a mortgage agreed with Kent Reliance. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
After much negotiation I have agreed a price on an apartment in Swanage. My mortgage broker pressured me to appoint their conveyancing practitioner. I paid an on account payment of £200. Shortly after, the lawyer called me embarrassingly acknowledging that they were not on the Coventry BS 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 Coventry BS 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.
How does conveyancing in Swanage differ for new build properties?
Most buyers of new build property in Swanage come to us having been asked by the developer to sign contracts and commit to the purchase even before the house is constructed. This is because developers in Swanage tend to purchase the site, 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 property lawyers 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 used to new build conveyancing in Swanage or who has acted in the same development.
I am employed by a reputable estate agency in Swanage where we have experienced a few flat sales derailed as a result of short leases. I have received conflicting advice from local Swanage conveyancing firms. Please can you clarify whether the vendor of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Swanage Leasehold Conveyancing - A selection of Questions you should consider Prior to buying
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The majority of Swanage leasehold apartments will have a service bill for the upkeep of the building set by the landlord. Should you buy the flat you will have to meet this charge, normally periodically throughout the year. This could differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a ground rent for you to pay yearly, this is usually not a exorbitant sum, say about £25-£75 but you need to enquire it because on occasion it could be prohibitively expensive. Does the lease have more than 80 years unexpired?
Our lenders have just issued us with a mortgage offer. We have retained a high street conveyancer in Swanage last week. A couple of hours ago, our financial adviser called to say that the mortgage company said that we cannot use our solicitor as they aren't on their 'approved list'. As novices, we did not have a clue that the lender had some control over our choice Is this usual?
You are permitted to use any property lawyer you wish to appoint for your conveyancing in Swanage however if your bank aren't happy with them you will have to fork out an extra fee so the mortgage company can appoint their own conveyancer too. It may be conceivable that your solicitor may apply to get added to the bank panel. Do make the most of web-based tools such as lenderpanel.com to find a conveyancing solcitor in Swanage on the bank panel. You can go into your local bank branch in Swanage. They will know some good conveyancing solicitors in Swanage on the approved list.