Me and my fiance are buying a 3 bedroom flat in Whitchurch with a mortgage. We wish to retain our Whitchurch lawyer, however the lender advise he's not on their "panel". It appears that we have little choice but to appoint one of the bank panel solicitors or retain our Whitchurch conveyancer as well as pay for one of their panel lawyers to act for them. This seems very unfair; can we not demand that the lender use our Whitchurch lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Whitchurch conveyancing lawyer to apply to be on the conveyancing panel.
Can you explain why leasehold purchase conveyancing in Whitchurch costs more?
Whitchurch leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
We have a mortgage agreed in principle with Aldermore. Whitchurch conveyancing practitioners were instructed. How long does it take for Aldermore to issue the offer to the property lawyer?
Some lenders take longer than others. Have Aldermore completed the survey? Have you advised Aldermore as to your lawyers' details and checked that your lawyers are on the Aldermore conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
My wife and I are spending time viewing houses in Whitchurch and I am now considering a potential offer. Is it premature to have a solicitor in place? I will be getting a mortgage with TSB.
You should start requesting conveyancing quotes from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their contact information on to the EA. As you are seeking a mortgage with TSB, ask your prospective lawyers if they are on the TSB conveyancing panel otherwise they can't do the mortgage legal work.
My offer on a house in Whitchurch has been agreed to, the sellers do nevertheless have an associated purchase. The owners have put an offer on somewhere, however it’s not yet tied up, and are looking at other properties in the pipeline. I have chosen a local conveyancing solicitor in Whitchurch. What should be my next step? When should I get the mortgage application with Principality going?
It is normal to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is in the region of one thousand pounds, then valuation, Whitchurch conveyancing search fees, etc). The first course of action is to check that your conveyancing practitioner is on the Principality conveyancing panel. Concerning the next steps this very much dictated by the circumstances of your case, desire for the property and on the state of the market. In a buoyant market many buyers will apply for the mortgage with Principality and arrange for the valuation and only if it was satisfactory would they request their property lawyer to move forward with the conveyancing in Whitchurch.
I am close to exchanging contracts on the sale of our home in Whitchurch and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. A local conveyancer would know this is not the case. For the life of me I don't know why the buyers are using a nationwide conveyancing practice as opposed to a conveyancing solicitor in Whitchurch. Having lived in Whitchurch for three years we know of no issue. Do we contact our local Authority to obtain confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
The estate agent has sent us the confirmation of our purchase of a new build flat in Whitchurch. 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.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Whitchurch
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Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Our conveyancing in Whitchurch is set to complete on Friday, however the sellers I am buying from wishes to move out 24 hours later at midday. Can I agree to this?
It is not possible to complete on a Saturday because the bank systems are not working.