As someone clueless as to the Bath conveyancing process what’s the number one tip you can impart for the ownership transfer in Bath
Not many law firms or advisers will tell you this but conveyancing in Bath and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there is plenty of room for confrontation between you and other parties involved in the legal transfer of property. For instance, the seller, selling agent and even potentially a bank. Appointing a lawyer for your conveyancing in Bath should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the transaction whose interest is to protect your best interests and to keep you safe.
Every so often a potential adversary may attempt to convince you that you should follow their advice. For example, the estate agent may claim to be assisting by suggesting your solicitor is slow. Or your mortgage broker may tell you to do take action that is against your solicitors guidance. You should always trust your lawyer above all other parties in the home moving process.
When scouring moneysavingexpert.com for a recommended solicitor in Bath, many comment that I should instruct a CQS accredited solicitor. Can you explain what CQS is?
Bath Conveyancing Quality Scheme practices have been granted accreditation by the law Society CQS was brought about to establish evidence of quality standards in the in the legal transfer of properties. CQS helps consumers to recognise solicitor firms that provide a quality residential conveyancing. Bath is one of locations in England and Wales in which accredited firms are located. The conveyancing scheme requires practices to undergo a strict assessment, compulsory training, self-reporting, random audits and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Association of British Insurers.
Is it the case that all Bath CQS (Conveyancing Quality Scheme) solicitors are on the Kent Reliance conveyancing list of approved firms?
It is true that some banks and building societies now utilise the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to join their panels.
My wife and I have organised the release of further monies on our home loan from RBS as we intend to carry out improvements to our property in Bath. Do we need to select a local Bath solicitor on the RBS conveyancing panel to handle the legals?
RBS would not normally appoint firms on their approved list of lawyers to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS list.
I have decided to exercise my right to buy my property in Bath off the council. I have a mortgage offer with UBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
I know that there are debates on Chancel Insurance on online forums. Do I need chancel insurance when acquiring a residence in Bath? or I am told that there is an ancient law that means some house owners living in a parish church boundary will be compelled to contribute towards repairs to the chancel within the church. Is this appropriate for conveyancing in Bath?
Unless a prior acquisition of the premises completed post 12 October 2013 you may expect lawyers delivering conveyancing in Bath to continue to propose a a chancel search and or insurance against a claim.
I am buying my first flat in Bath benefiting from help to buy. The developers would not reduce the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The property agent told me not reveal to my solicitor about the extras as it may impact my loan with Norwich and Peterborough Building Society. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I have been on the look out for a leasehold apartment up to £305k and found one round the corner in Bath I like with amenity areas and railway links nearby, the downside is that it's only got 52 years unexpired on the lease. I can't really find anything else in Bath suitable, so just wondered if I would be making a grave error purchasing a lease with such few years left?
If you need a mortgage that many years may be a potential deal breaker. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the current owner has owned the property for at least twenty four months you may ask them to start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing solicitor regarding this.