We see that you have a search directory listing solicitors on the Principality conveyancing panel. Do firms pay you a commission if I instruct them for our own conveyancing in Victoria?
We are a listing service only for law firms wishing to communicate if they are on the Principality conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Victoria.
My brother-in-law has suggested I instruct a conveyancing solicitor in Victoria. I need to find out whether they are accepted on the The Royal Bank of Scotland conveyancing panel. Could you help?
The first thing you should do is call your conveyancer and enquire whether they can act for the bank. Alternatively you should call The Royal Bank of Scotland who may be able to help.
Have just purchased a probate house at auction in Victoria. Conveyancing is required. What are my next steps?
Given that you have now exchanged you must choose a conveyancing lawyer soon as you will have a tight a fixed date to complete the conveyancing. Every auction property should have a bespoke auction pack. This will likely include the copy title deeds, local authority and drainage searches. In the case of leasehold property the conveyancing papers may contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to leasehold premises. You must hand this to the lawyer working for you as soon as possible. You also need to ensure that you have funds in order to complete the transaction on the set completion date.
I have paid off my mortgage with Barclays. I assume I don't need a Victoria property lawyer on the Barclays panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Barclays 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 Barclays mortgage from the register. Barclays, 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 Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
Intending to buy a apartment in Victoria. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Barclays conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Victoria property lawyer is on the Barclays conveyancing panel.
How does conveyancing in Victoria differ for newly converted properties?
Most buyers of new build residence in Victoria contact us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is ready to move into. This is because developers in Victoria usually purchase the site, 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 Victoria or who has acted in the same development.
I decided to have a survey done on a house in Victoria ahead of retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies may refuse to issue a mortgage on this type of property.
It varies from the lender to lender. Santander has different requirements for example to Halifax. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Victoria. Conveyancing will be smoother if you use a solicitor in Victoria especially if they regularly deal with such properties in Victoria.
What advice can you give us when it comes to appointing a Victoria conveyancing practice to deal with our lease extension?
If you are instructing a conveyancer for lease extension works (regardless if they are a Victoria conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Victoria conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be useful:
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How many lease extensions have they carried out in Victoria in the last year? Can they put you in touch with clients in Victoria who can give a testimonial?
We have reached the end of our tether in trying to purchase the freehold in Victoria. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the Leasehold Valuation Tribunal to decide the sum to be paid.
An example of a Lease Extension case for a Victoria flat is Flats 12A & 19, Evelyn Mansions Carlisle Place in June 2009. The Tribunal held that the price to be paid for the new lease of Flat 12A is £168,824, For the other flat the price was set at £169,110 This case affected 2 flats. The unexpired term as at the valuation date was 56 years.