The vendors of the property we are purchasing are using a conveyancing solicitor in Tyne And Wear who has suggested a exclusivity contract with a payment 6,000. Is it wise to enter into such agreements?
There are a couple of main downsides with entering into any lock out contract (sometimes referred to as a shut-out contract) is that it can distract from making progress with the conveyancing transaction itself, so in the absence of it needing minimal or no negotiation then it may transpire to be unhelpful. It is not strongly advocated by Tyne And Wear conveyancing solicitors as a result. A further negative is the extent of the remedies available - a jilted purchaser is very unlikely to be issued with injunctive relief to bar the owner completing the sale to a third party, so the only remedy open via the agreement will be the recovery of abortive charges and, in restricted scenarios, the additional payment of penalties.
We are selling our house in Tyne And Wear. Will my conveyancing practitioner need to be required to be on the Barclays conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Barclays conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently at the moment.
My wife and I purchasing a detached bungalow in Tyne And Wear. We would like to carry out an extension to the side at the house.Will the conveyancing process involve enquiries to see if these works are prohibited?
Your solicitor will review the registered title as conveyancing in Tyne And Wear will sometimes reveal restrictions in the title documents which restrict certain changes or require the permission of a 3rd party. Many works call for local authority planning consent and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these things with a surveyor ahead of any purchase.
I am buying a property in Tyne And Wear. One unusual aspect is that the roof has a solar panel. Skipton have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with Skipton your lawyer must check the conveyancing instructions outlined in Part 2 of UK Finance Lenders’ Handbook for Skipton. The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and solicitors are required to report to Skipton where a lease does not comply with these requirements. The provisions relate to the installation of panels on properties in England and Wales and is not limited to Tyne And Wear.
Santander have agreed my home loan in principle, my bid on a property in Tyne And Wear has been agreed to, what happens next?
Your property agent will need to know who your solicitors are (ensure that the conveyancers are on the bank’s approved list). Call up Santander or the financial adviser and finish off any relevant forms. Santander will appoint a valuer who will get in touch with the selling agent or vendor to schedule a slot for the valuation to take place. Once conducted (assuming no problems) it takes about a week to get a mortgage offer. Santander will send the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Tyne And Wear.
What can a local search tell me regarding the house my wife and I purchasing in Tyne And Wear?
Tyne And Wear conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search organisations such as Xpress Legal The local search plays a central role in most Tyne And Wear conveyancing purchase; as long as you don’t want any nasty once you have moved into your new home. The search will reveal information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
I used Action Conveyancing a few years past for my conveyancing in Tyne And Wear. I now require my file however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Tyne And Wear of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the input of my in-laws I had a survey completed on a house in Tyne And Wear prior to appointing lawyers. I have been informed that there is a flying freehold aspect to the house. The surveyor has said that some lenders may refuse to grant a loan on a flying freehold home.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you contact us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Tyne And Wear. Conveyancing will be smoother if you use a solicitor in Tyne And Wear especially if they are accustomed to such properties in Tyne And Wear.