My wife and I are planning to purchase a 1 bedroom flat in Whitby with a mortgage. We like our Whitby solicitor, however the mortgage company says he's not on their "panel". It appears that we have no option but to select one of the mortgage company panel solicitors or retain our Whitby conveyancer as well as pay for one of their panel firms to represent them. We feel that this is unjust; are we not able to insist that the lender use our Whitby solicitor ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Whitby conveyancing lawyer to apply to be on the conveyancing panel.
I am the registered owner of a freehold house in Whitby but still charged rent, why is this and what is this?
It’s unusual for properties in Whitby and has limited impact for conveyancing in Whitby but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the generation of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Whitby. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Whitby
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Please supply a car parking plan. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Due to the encouragement of my in-laws I had a survey completed on a house in Whitby prior to retaining lawyers. I have been informed that there is a flying freehold element to the property. Our surveyor has said that some lenders will not give a mortgage on this type of property.
It varies from the lender to lender. Santander has different requirements from Birmingham Midshires. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Whitby. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Whitby to see if the conveyancing will be more expensive.
What does commercial conveyancing in Whitby cover?
Commercial conveyancing in Whitby incorporates a broad array of guidance, provided by qualified solicitors, relating to business premises. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.
I need to find a conveyancing solicitor for some conveyancing in Whitby. I've chance upon a web site which looks to be the ideal offering If there is a chance to get all formalities done via web that would be preferable. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?