My wife and I are about to exchange buying a property in Battle but as a result of damage from some water damage at the property I have was able negotiate reparation from the seller in the sum of £2k taking the form of a deduction in the price. This was going to be dealt with as part of a side agreement however Nottingham will not permit this. Should they have been informed?
Any conveyancing practitioner being on the Nottingham approved list is obliged to inform Nottingham of any amendments to the sale price. If you were to refuse your conveyancing practitioner to disclose the price change to Nottingham then they would have to discontinue acting for you. In addition, Nottingham and you would have to appoint a new conveyancing practitioner for your conveyancing in Battle.
The Battle conveyancing firm that just started acting on my purchase in Battle have without warning closed. I chose them because I had to have a firm on the Lloyds conveyancing panel and my previous Battle lawyer was not. I paid them money on account. What do I do now?
If you have an estate agent involved then let them know immediately so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Lloyds conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to help.
I own a renovated Edwardian property in Battle. Conveyancing practitioner represented me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the matching address. I'd like to know for sure, how can I find out??
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Battle and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the position with the conveyancing practitioner who conducted the work.
How does conveyancing in Battle differ for newly converted properties?
Most buyers of new build or newly converted property in Battle approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is completed. This is because house builders in Battle usually 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 conveyancers 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 accustomed to new build conveyancing in Battle or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Battle prior to instructing conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some mortgage companies may refuse to give a loan on this type of home.
It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. If you contact us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Battle. Conveyancing may be slightly more expensive based on your lender's requirements.
Am I better off to use a Battle conveyancing solicitor in close proximity to the house I am purchasing? We have a good friend who can carry out the conveyancing but his firm is located approximately 350miles drive away.
The benefit of a high street Battle conveyancing firm is that you can drop in to sign documents, hand in your identification documents and pester them where appropriate. They will also have local intelligence which is a plus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust used your friend and the majority were content that should outweigh using an unfamiliar Battle conveyancing lawyer solely due to them being based in the area.