I have given 2 months notice to my current landlord and have to leave my let out flat in Victoria by 14/4/2025. Conveyancing for my house purchase has just started. Is it possible to complete in a couple of weeks as don't want to have to find short term accommodation?
It is unwise to give notice on a rental unless your lawyer suggests that you should. If you have not previously done so, update to your lawyer and request that they cajole the other solicitors, try to get a realistic time scale from them that all parties will look to achieve
When does exchange of contracts take place for domestic conveyancing in Victoria and am I required to attend the solicitors branch?
If you are in close proximity to one of the conveyancing solicitors in Victoria you are welcome to attend to sign contracts. That being said, the law practices we work with provide a national conveyancing service and give as equally diligent and professional a job for you when dealing with you by post or email. The signing of the sale agreement is not the important part. A signed contract is necessary for the conveyancer to exchange contracts when the time is right, which is ordinarily shortly after signing. The exchange process is nowadays normally dealt with by telephone and can be very rapid, although where an extended "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Victoria)to be in the office available at the end of the phone to exchange contracts.
Do I need to pop into the offices of the solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Victoria so that I can attend their offices when needed.
These days approved lawyers for lenders undertake the vast majority of communications via Royal Mail, internet or over the phone. This enables them to undertake the conveyancing transaction regardless of where you live in England or Wales. However you can see if you have the option of visiting the offices of your conveyancing lawyer if you prefer.
Will my conveyancer be making enquiries about flooding as part of the conveyancing in Victoria.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Victoria. Some people will purchase a property in Victoria, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, but there are a numerous searches that may be undertaken by the purchaser or by their solicitors which will give them a better appreciation of the risks in Victoria. The conventional set of completed inquiry forms sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to find out if the premises has suffered from flooding. If the property has been flooded in past which is not disclosed by the vendor, then a purchaser could issue a compensation claim resulting from an incorrect response. The buyer’s solicitors should also carry out an enviro search. This will reveal if there is any known flood risk. If so, additional investigations will need to be initiated.
I have todaybeen informed that Arc property Solicitors have closed. They carried out my conveyancing in Victoria for a purchase of a leasehold flat 18 months ago. How can I check that the property is in my name in the name of the former proprietor?
The quickest method to check if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Victoria conveyancing specialists.
We're FTB’s - had an offer accepted, but the estate agent has warned us that the vendor will only move forward if we use their preferred lawyers as they want an ‘expedited deal’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Victoria
We suspect that the seller is not behind this requirement. If they want ‘a quick sale', taking such a hostile approach to a motivated purchaser is counter productive. Speak to the owners direct and make the point that (a)you are genuine purchasers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you wish to move quickly (e)however you are going to instruct your preferred Victoria conveyancing firm - as opposed tothe ones that will give their estate agent a commission or meet his conveyancing figures pre-set by HQ.