I am in the process of selling my apartment in Binfield and the EA has just telephoned to warn that the buyers are appointing a new law firm. I am told that this is due to the fact that the lender will only engage with property lawyers on their approved list. On what basis would a major lender only engage with specific law firms rather the firm that they want to select to handle their conveyancing in Binfield ?
Mortgage companies have always had an approved set of law firms they are content to work with, but in the past few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have acted for them for more than 15 years.
Lending institutions justify this action to a rise in fraud by way of justification 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 says it is hearing daily from firms that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any impact on this.
Will my solicitor be raising enquiries regarding flooding as part of the conveyancing in Binfield.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Binfield. There are those who acquire a property in Binfield, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to impart advice on flood risk, however there are a various searches that can be initiated by the purchaser or by their solicitors which will give them a better appreciation of the risks in Binfield. The conventional set of information supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to discover whether the property has suffered from flooding. If flooding has previously occurred and is not notified by the vendor, then a buyer may commence a claim for damages resulting from an inaccurate response. A purchaser’s conveyancers should also conduct an enviro search. This should reveal whether there is any known flood risk. If so, additional investigations should be made.
It has been 3 months since my purchase conveyancing in Binfield concluded. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I need to find a conveyancing solicitor for my conveyancing in Binfield. I have land on a web site which looks to be the perfect solution If there is a chance to get all formalities done via phone that would be preferable. Should I be wary? 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?
I want to rent out my leasehold apartment in Binfield. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
A lease dictates the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is banned, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is permitted. Most leases in Binfield do not contain an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the sublease.
Binfield Leasehold Conveyancing - Sample of Questions you should consider before buying
Is anyone aware of any major works on the horizon that will likely increase the maintenance charges? How many of the leaseholders are in arrears for their service charge payments? The best form of lease structure is if the freehold interest is owned by the leaseholders. In this scenario the lessees enjoy control and even though a managing agent is frequently retained where the building is bigger than a house conversion, the managing agent is directed by the tenants.
Are Binfield conveyancing solicitors under an obligation to the Law Society to issue clear conveyancing figures?
Contained within the Solicitors Code of Conduct are set rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not intended as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, nevertheless, constitute the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Binfield or or elsewhere in the country.