I had intended to instruct a property lawyer in Upminster Bridge for our house purchase. Our financial adviser informed us that our bank The Royal Bank of Scotland won't deal with them. Why is this not regarded as unfair competition?
Banks tend to restrict either the category or the volume of conveyancing practices on their member panel. Typical examples of such restriction(s) being that a law practice must not be a sole practitioner. As well as restricting the profile of firm, a few lenders have decided to limit the number of firms they permit to represent them. You should note that The Royal Bank of Scotland have no responsibility for the quality of advice provided by any member of The Royal Bank of Scotland Conveyancer Panel. Mortgage fraud was a key driver in the reduction of conveyancing panels a few years ago even though there are differing views regarding the extent of solicitor engagement in some of that fraud. Figures from the Land Registry indicate that thousands of law firms, including some in or near Upminster Bridge only perform very few conveyances a year.
I am helping my mother sell her flat in Upminster Bridge. Will the solicitor commission an energy performance certificate or it is for the seller to see to?
After the abolition of Home Packs, energy assessments became a compulsory component of selling a house. An energy assessment needs to be commissioned in advance of the property being marketed. This is not something that solicitors normally arrange. If you are instructing a Upminster Bridge conveyancing solicitor they might be able to arrange energy performance certificates due to their contacts with long established local assessors
We were going to get a DIP from UBS this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do UBS recommend any Upminster Bridge solicitors on the UBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Upminster Bridge solicitors independently although you'll need to choose one on the UBS conveyancing panel. The solicitor represents both you and UBS through the process.
I can not fathom if my bank requires a lease extension. I have called into my local Upminster Bridge building society branch on numerous occasions and was told they are content with the situation and they would lend. My Upminster Bridge conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their specific requirements. I simply don't know who is right.
Provided that the lawyer is on the lender panel, they must comply with the CML Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Will our lawyer be raising enquiries about flooding during the conveyancing in Upminster Bridge.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Upminster Bridge. Plenty of people will acquire a house in Upminster Bridge, fully expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, but there are a various checks that can be initiated by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Upminster Bridge. The standard information sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the seller to discover whether the premises has ever been flooded. In the event that flooding has previously occurred and is not notified by the vendor, then a purchaser could issue a claim for damages as a result of such an inaccurate reply. A purchaser’s lawyers should also commission an enviro search. This will higlight whether there is any known flood risk. If so, additional investigations will need to be carried out.
My wife and I own a terraced Georgian house in Upminster Bridge. Conveyancing practitioner acted for me and TSB. I happened to do a free search for it on the Land Registry database and I saw two entries: one for freehold, another for leasehold with the matching address. Is it worth asking TSB to clarify?
You should assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Upminster Bridge and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing lawyer who conducted the conveyancing.
We're FTB’s - had an offer accepted, yet the estate agent has warned us that the owners will only proceed if we instruct their preferred solicitors as they are insisting on an ‘expedited deal’. We would rather use a family solicitor with experience of conveyancing in Upminster Bridge
It is unlikely the owners are driving this. Should the seller require ‘a quick sale', taking such a hostile approach to a genuine purchaser is is going to put the whole deal at risk. Bypass the agents and go straight to the sellers and explain that (a)you are serious buyers (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)but you intend to instruct your preferred Upminster Bridge conveyancing lawyers - rather thanthose that will give their estate agent a kickback or meet his conveyancing targets set by HQ.
Is there a reason that Upminster Bridge conveyancing charges are higher for leasehold and freehold properties?
Inevitably there is more work required in leasehold conveyancing. Upminster Bridge has many leasehold properties. There is more time involved in the purchase: for example, the lease and leasehold information (including current service charge, ground rent and buildings insurance details) obtained from the freeholder or managing agents. There are strict criteria that the lease must meet in order to be acceptable to a mortgage company. If it does not meet these requirements, the lease must be amended, which can involve additional expense for the seller.