We decided to go with a Tilbury based lawyer for my conveyancing in Tilbury recently. Upon checking the Ts and Cs I seewe are liable for fees even if our purchase aborts. Should I ditch them and select an on-line firm advertising no move no charge conveyancing in Tilbury?
Generally there is a compromise along the lines that if "No Sale No Fee" is offered then the conveyancing charges will generally be more expensive to cover those conveyances that do not proceed. Also remember that such deals generally do not protect you from expenses such your Tilbury conveyancing search costs.
My husband and I are buying a newly constructed flat in Tilbury and my lawyer is advising me that she is duty bound to the mortgage company to reveal incentives from the seller. I am on a tight deadline to exchange contracts and my preference is not to delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I am considering applying for a Kent Reliance mortgage for purchase of a newly converted (under development) in Tilbury with 60% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Kent Reliance ?
There is nothing to stop you using your solicitor, but Kent Reliance will insist on their interests being represented by a firm on their conveyancing panel. There is greater potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
I have today made my last payment due on my mortgage with TSB. I assume I don't need a Tilbury lawyer on the TSB panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your TSB mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the TSB mortgage from the register. TSB, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where TSB has sent the Land Registry the discharge electronically, and
- TSB has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Tilbury off the council. I have a mortgage agreed with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
I currently have a mortgage with Aldermore for my property in Tilbury. Conveyancing was finalised months ago. If I am intending 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 Aldermore?
You must advise Aldermore prior to renting your property as this is likely to be a breach of Aldermore’s mortgage conditions. It may be that Aldermore will allow you to rent 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 Aldermore directly. You need not do this via a Aldermore conveyancing panel firm.
Should our solicitor be asking questions about flooding during the conveyancing in Tilbury.
Flooding is a growing risk for solicitors carrying out conveyancing in Tilbury. Some people will purchase a house in Tilbury, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, but there are a number of searches that may be carried out by the buyer or on a buyer’s behalf which will figure out the risks in Tilbury. The conventional set of information supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the seller to find out if the property has historically flooded. If the property has been flooded in past and is not disclosed by the seller, then a buyer may commence a claim for damages as a result of such an misleading answer. A purchaser’s conveyancers will also commission an environmental search. This should higlight if there is a recorded flood risk. If so, more detailed investigations should be initiated.
Due to sign contracts shortly on a leasehold property in Tilbury. Conveyancing solicitors assured me that they will have a report out to me next week. What should I be looking out for?
Your report on title for your leasehold conveyancing in Tilbury should include some of the following:
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You should have a good understanding of the building insurance obligations Setting out your rights in relation to the communal areas in the block.E.G., does the lease include a right of way over an accessway or hallways? What you can do if a neighbour is in violation of a provision in their lease? Whether your lease has a provision for a reserve fund for major works?
Tilbury Conveyancing for Leasehold Flats - Sample of Queries before buying
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What is the name of the managing agents? This information is helpful as a) areas could result in problems for the block as the communal areas may start to deteriorate if services remain unpaid b) if the leasehold owners have a dispute with the running of the building you will need to have all the details