My conveyancer has discovered a a problem with the lease for the apartment we are buying in Swanscombe. The seller’s lawyers have offered defective title insurance as a solution. We are content with insurance and will pay for it. Our conveyancer says that he must ensure that the bank is happy with this solution. Are we the client or is the lender?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the lender are the client. The appropriate lender specifications have to be complied with.
What happens if my solicitor is expelled from the Kent Reliance Conveyancing panel ahead of completing my conveyancing in Swanscombe?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I have been told that property searches are a common cause of delay in Swanscombe conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays in the conveyancing process. Searches are unlikely to be the root cause of slowing down conveyancing in Swanscombe.
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a simple, chain free conveyancing. Swanscombe is where the house is located. What do you suggest?
Flying freeholds in Swanscombe are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Swanscombe you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Swanscombe may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
In what way can the Landlord & Tenant Act 1954 impact my commercial property in Swanscombe and how can you help?
The 1954 Act provides protection to business lessees, giving them the a statutory right to apply to court for a renewal lease and continue in occupation when the lease comes to an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Swanscombe is one of our many locations in which the firms we work with are based
In scouring the web for the phrase conveyancing in Swanscombe it brings up many property lawyersin the vicinity. With so much choice what is the best way to find the suitable solicitor for purchase transaction?
The ideal method of finding a suitable conveyancer is through a personal testimonial, so enquire of colleagues and those you trust who have purchased a property in Swanscombe or a local estate agent or mortgage broker. Costs for conveyancing in Swanscombe differ, so it's sensible to secure at least four estimates from different conveyancers. Be sure to seek confirmation that the costs are guaranteed not to rise.