My husband and I are looking to purchase a home in West Kirby and have instructed a West Kirby conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. TSB have this morning contacted us to inform me that they have now hit a problem as our West Kirby conveyancer is not on their approved list of lawyers. Please explain?
If you are buying a property with the assistance of a mortgage it is normal 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 West Kirby solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I'm the sole recipient of my late father’s estate and I have everything in my name now, including the house in West Kirby. Conveyancing formalities meant that the Land Registry date was in April. I want to move. I understand that there is a CML 6 month 'rule', which means that my proprietorship could be considered the same way as if I'd bought the property in April. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. Most lenders would take a pragmatic view as this provision is principally there to identify the purchase and immediately sell or the flipping of properties.
Completion of my remortgage has taken place for my property in West Kirby. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Team at head office. We understand that complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Bank of Ireland have agreed my mortgage in principle, my offer on a house in West Kirby has been agreed to, what happens next?
The property agent will need to know who your solicitors are (ensure that the conveyancing practitioners are on the lender’s panel). Telephone Bank of Ireland or your financial adviser and finish off any outstanding documentation. Bank of Ireland will sellect a valuer who will get in contact with the selling agent or owners to schedule an appointment. Once conducted (assuming no problems) it takes about ten days to get a mortgage offer. Bank of Ireland will issue the offer to you and your conveyancers. The legal work will then take it’s course according the nature and complexity of the conveyancing in West Kirby.
Will our solicitor be asking questions about flooding as part of the conveyancing in West Kirby.
Flooding is a growing risk for conveyancers dealing with homes in West Kirby. There are those who acquire a house in West Kirby, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Conveyancers are not best placed to give advice on flood risk, however there are a number of checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in West Kirby. The conventional set of property information forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a standard inquiry of the vendor to determine whether the property has suffered from flooding. If flooding has previously occurred which is not notified by the seller, then a purchaser could bring a compensation claim as a result of such an misleading response. The purchaser’s conveyancers will also carry out an environmental search. This should higlight if there is a recorded flood risk. If so, more detailed investigations will need to be conducted.
Should I go with a West Kirby conveyancing solicitor based in the location that I am hoping to buy? I have an old university friend who can handle the conveyancing however his firm is located 200miles away.
The primary upside of using a high street West Kirby conveyancing practice is that you can drop in to execute documents, hand in your ID and apply pressure on them where appropriate. Having local West Kirby know how is a bonus. That being said it's more important to get someone that will do a good and efficient job. If you know people who used your friend and the majority were content that must surpass using an unknown West Kirby conveyancing solicitor solely due to them being based in the area.
Back In 2005, I bought a leasehold flat in West Kirby. Conveyancing and Aldermore mortgage went though with no issue. I have received a letter from someone saying they have taken over the freehold. Attached was a ground rent demand for rent dating back to 1994. The conveyancing solicitor in West Kirby who acted for me is not around. What should I do?
First contact the Land Registry to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a West Kirby conveyancing lawyer to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I inherited a studio flat in West Kirby, conveyancing was carried out in 1999. Can you please calculate a probable premium for a statutory lease extension? Similar properties in West Kirby with over 90 years remaining are worth £197,000. The ground rent is £55 invoiced annually. The lease terminates on 21st October 2081
You have 56 years remaining on your lease we estimate the premium for your lease extension to span between £29,500 and £34,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information before seeking the advice of a professional.
What type of property do your West Kirby conveyancing quotes apply to?
Our conveyancing quotes are only applicable to standard domestic property in England & Wales. Where you have any different needs such as industrial or agricultural land or commercial conveyancing in West Kirby do telephone us to discuss this further .