I am nearing exchange of contracts for my flat in Bardsley and the EA has just called to advise that the buyers are appointing a new solicitor. The excuse is that the lender will only engage with solicitors on their approved list. On what basis would a leading lender only deal with specific solicitors rather the firm that they want to select to handle their conveyancing in Bardsley ?
Banks have always had panels of law firms they are content to work with, but in recent years big names such as Yorkshire Building Society, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for many years.
Banks point to the increase in fraud as the reason for the pruning – criteria have been narrowed as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is hearing daily from firms that have been removed from panels. Plenty of firms are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your buyers are unlikely to have any impact on this.
As a novice what is the most important number one tip you can give me about purchase conveyancing in Bardsley?
Not many law firms or advisers will tell you this but conveyancing in Bardsley and elsewhere in Greater Manchester is often a confrontational process. In other words, when it comes to conveyancing there exists plenty of room for confrontation between you and others involved in the ownership transfer. E.g., the seller, selling agent and even potentially the bank. Selecting a lawyer for your conveyancing in Bardsley is a critical decision as your conveyancer is your adviser, and is the SOLE party in the transaction whose interest is to look after your legal interests and to protect you.
Sometimes a third party with a vested interest will try and sway you that it is in your interests to do things their way. For instance, the estate agent may claim to be helping by suggesting your conveyancer is slow. Or your mortgage broker may advise you to do something that is against your lawyers guidance. You should always trust your lawyer above all other parties in the home moving process.
My grandfather passed away last year and as sole heir and executor I was left the house in Bardsley. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this possible?
If you plan to refinance then Yorkshire BS will require that you use a conveyancer on the Yorkshire BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Yorkshire BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Yorkshire BS mortgage is registered as a charge at the Land Registry.
My partner and I are selling our property in Bardsley and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. Any high street Bardsley lawyer would know that there is no such problem. For the life of me I don't know why the purchasers are using a national conveyancing firm rather than a conveyancing solicitor in Bardsley. We have lived in Bardsley for many years we know of no issue. Is it a good idea to get in touch with our local Authority to obtain confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing solicitor currently acting for you. Are they able to advise? 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 life insurance to cover that same illness)
I have todayfound out that Stirling Law have closed. They conducted my conveyancing in Bardsley for a purchase of a leasehold apartment 9 months ago. How can I be sure that my home is not still registered in the name of the previous owner?
The easiest method to check if the property is registered to you, you can make 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 Bardsley conveyancing specialists.
How does conveyancing in Bardsley differ for newly converted properties?
Most buyers of new build premises in Bardsley approach us having been asked by the builder to sign contracts and commit to the purchase even before the premises is built. This is because builders in Bardsley typically buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Bardsley or who has acted in the same development.