My husband and I are planning to buy a 3 bedroom apartment in Alford with a mortgage. We like our Alford solicitor, but the bank advise he's not on their "panel". We have to appoint one of the mortgage company panel solicitors or retain our Alford lawyer and pay for one of their panel lawyers to act for them. We regard this is inequitable; is there anything we can do?
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 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. Another option that might be available is for your Alford conveyancing lawyer to apply to be on the conveyancing panel.
We are acquiring a newly constructed duplex in Alford and my solicitor is telling me that she is duty bound to the mortgage company to reveal incentives from the seller. The Estate Agents are hassling me to sign contracts and I would rather not delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Forgive me if this question is silly but I am wet behind the ears as FTB of a two bedroom flat in Alford. Do I pick up the keys to the house on completion from my solicitor? If this is the case, I will instruct a High Street conveyancing solicitor in Alford?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the completion advance to the vendor’s lawyers, and once they have received this, you should be invited to collect the keys from the Estate Agents and move into your new home. This tends to happen early afternoon.
A colleague informed me that in buying a property in Alford there may be various restrictions affecting the ability to carry out external alterations to the property. Is this right?
There are anumerous of properties in Alford which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Alford should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am purchasing a victorian detached house in Alford. We would like to convert the garage to an office at the house.Will the conveyancing process involve investigations to ascertain if these works are allowed?
Your conveyancer will review the deeds as conveyancing in Alford will sometimes identify restrictions in the title documents which restrict categories of changes or necessitated the permission of a 3rd party. Some additions need local authority planning consent and approval in accordance building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be wise to check these things with a surveyor ahead of any purchase.
Will our lawyer be raising enquiries about flooding as part of the conveyancing in Alford.
Flooding is a growing risk for lawyers dealing with homes in Alford. There are those who buy a house in Alford, completely aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, but there are a numerous searches that can be carried out by the purchaser or on a buyer’s behalf which can give them a better understanding of the risks in Alford. The conventional set of property information forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard question of the seller to discover whether the property has suffered from flooding. In the event that the property has been flooded in past and is not revealed by the vendor, then a purchaser could commence a claim for damages stemming from an misleading response. The buyer’s conveyancers may also commission an environmental search. This should reveal if there is a recorded flood risk. If so, additional inquiries will need to be carried out.
I used Action Conveyancing a few years past for my conveyancing in Alford. I now require my papers but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Alford of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I need to retain a conveyancing solicitor for sale conveyancing in Alford. I happened to stumble upon a site which looks to be the ideal solution If there is a chance to get all the legals done via email that would be preferable. Do I need to 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?