Our solicitor has uncovered a defect with the lease for the flat we are purchasing in Aberdovey. The seller’s lawyers have suggested title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancer has advised that he must ensure that the bank is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is is a decade since I bought my home in Aberdovey. Conveyancing lawyers have now been instructed on the sale but I am unable to find my deeds. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be with the lender or they could be in the possession of the lawyers who oversaw the purchase. Secondly in most cases the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Most conveyancing in Aberdovey relates to registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.
My wife and I are downsizing from our house in Aberdovey and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A high street Aberdovey lawyer would know that there is no such problem. It does beg the question why the purchasers instructed an internet conveyancing firm rather than a conveyancing solicitor in Aberdovey. We have lived in Aberdovey for 4 years we know of no issue. Do we contact our local Authority to get clarification that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You need to enquire of 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 health insurance to cover that same sickness)
I have todaybeen informed that Action Conveyancing have been shut down. They conducted my conveyancing in Aberdovey for a purchase of a leasehold flat 9 months ago. How can I establish that my home is registered correctly in the name of the previous owner?
The easiest method to see if the premises is registered to you, you can carry out 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 Aberdovey conveyancing specialists.
Do I need to be wary that estate agents that I am dealing with are encouraging me to use a web based conveyancing firm as opposed to a local Aberdovey conveyancing practice?
As with many professional services, often recommendations from family and friends can be extremely useful or valuable. Yet there are numerous people with a vested interest in a conveyancing deal; estate agents, financial adviser and lenders may suggest conveyancers to use. Sometimes these lawyers might be known to one of the organisations as being good in their field, but occasionally there might be a commercial relationship behind the endorsement. You have the right to appoint your preferred lawyer. However, bear in mind that most mortgage providers specify a panel list of solicitors you have to use for the mortgage aspect of your home move.
I am looking for a conveyancing solicitor in Aberdovey for my sale. Is it possible to see a firm’s complaints history with the profession’s regulator?
Members of the public can find published Solicitor Regulator Association (SRA) determinations resulting from inquisitions from 2008 onwards. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors record, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The regulator sometimes recorded telephone calls for training purposes.