My wife and I are planning to purchase a property in Beacontree Heath and have appointed a Beacontree Heath conveyancing practice. Within the last couple of days our property lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Barclays have this afternoon contacted us to advise us that they have now hit a problem as our Beacontree Heath lawyer is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is conventional for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Beacontree Heath solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
The deeds to our home can not be found. The lawyers who did the conveyancing in Beacontree Heath 10 years ago have long since closed. What are my options?
Nowadays there are copies made of almost everything, and your conveyancer should know exactly where to find all the relevant paperwork so you can purchase or sell your property without any difficulty. Where duplicates are not available, your conveyancer can arrange cover in the form of insurance or indemnities protecting you against future claims on the premises.
How does conveyancing in Beacontree Heath differ for new build properties?
Most buyers of new build premises in Beacontree Heath come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is built. This is because house builders in Beacontree Heath tend to 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 Beacontree Heath or who has acted in the same development.
Due to the advice of my in-laws I had a survey completed on a property in Beacontree Heath in advance of instructing conveyancers. I have been advised that there is a flying freehold element to the property. My surveyor has said that some lenders may not give a mortgage on this type of premises.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Beacontree Heath. Conveyancing will be smoother if you use a solicitor in Beacontree Heath especially if they regularly deal with such properties in Beacontree Heath.
My partner has recommend that I use his conveyancers in Beacontree Heath. Should I use them?
No doubt the ideal way to find a conveyancing practitioner is to get recommendations from friends or relatives who have actually used the solicitor that you are contemplating using.
I pay a service charge for my property in Beacontree Heath. Due to losing my job and personal issues I fell behind with payments. The freeholders agreed a clearance plan but there remains two currently due.
I now wish to sell and I am nervous that this can threaten to derail the sale if I have to discharge the amount due first. Do I have to settle before - is this practicable?
The conveyancing practitioner dealing with your Beacontree Heath sale will hopefully be in a position to negotiate with the appropriate parties, and agree with them whether or not they would accept settlement out of the completion monies. Here is indicative of why it is sensible to appoint a solicitor in Beacontree Heath as they are likely to have an established relationship with the parties.