My partner and I are looking to purchase a property in Torquay and are in fact using a Torquay conveyancing firm. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Clydesdale have this evening contacted us to inform me that they have now hit a problem as our Torquay lawyer is not on their conveyancing panel. Is this a problem?
If you are buying a property needing a mortgage it is conventional for the purchasers' lawyers to also represent the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the bank's conveyancing panel and you may continue to use your own Torquay solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
After scouring moneysavingexpert.com for an affordable lawyer in Torquay, most post that I should instruct a CQS accredited solicitor. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to best practice conveyancing procedures via the scheme protocol the standard includes many organisations who handle conveyancing in Torquay.
I am intent on selling our home in Torquay and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any local conveyancer would know that there is no such problem. It does beg the question why the purchasers used an online conveyancing practice rather than a conveyancing solicitor in Torquay. We have lived in Torquay for six years we know of no issue. Do we get in touch with our local Authority to seek clarification that there is no issue.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
How does conveyancing in Torquay differ for new build properties?
Most buyers of new build or newly converted property in Torquay contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is finished. This is because developers in Torquay tend to buy the land, 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 conveyancing solicitors 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 Torquay or who has acted in the same development.
As co-executor for the estate of my uncle I am disposing of a house in Newport but live in Torquay. My conveyancer (approximately 235 miles awayrequires that I sign a stat dec prior to completion. Could you suggest a conveyancing lawyer in Torquay to attest and place their company stamp on the document?
Technically speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will do regardless of whether they are based in Torquay
I own a leasehold house in Torquay. Conveyancing and The Royal Bank of Scotland mortgage organised. I have received a letter from someone claiming to own the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Torquay who previously acted has long since retired. What should I do?
The first thing you should do is contact HMLR to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. You do not need to instruct a Torquay conveyancing firm to do this as it can be done on-line for a few pound. Rest assured that regardless, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Torquay Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
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It would be sensible to enquire if the the lease includes any unreasonable restrictions in the lease. For example some leases prohibit pets being permitted in in a block in Torquay. If you love the apartmentin Torquay however your cat can’t live with you then you will be faced hard compromise. Most Torquay leasehold apartments will incur a service bill for maintenance of the block set on behalf of the management company. Where you purchase the apartment you will have to meet this liability, normally quarterly during the year. This may differ from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a rentcharge for you to pay yearly, this is usually not a exorbitant figure, say approximately £25-£75 but you should to enquire as occasionally it could be prohibitively expensive. Does the lease contain onerous restrictions?