My partner and I are hoping to buy a property in Blackheath and have instructed a Blackheath conveyancing firm. Within the last couple of days our solicitor has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Halifax have this evening contacted us to inform me that there is now an issue as our Blackheath lawyer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with mortgage finance it is normal for the purchasers' solicitors 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 bank 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 don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Blackheath solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you are adding another lawyer into the mix.
Our nephew is about to exchange on a new build apartment in Blackheath with a mortgage from Virgin Money. His conveyancer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Virgin Money conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Virgin Money conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
A colleague pointed out to me me that in purchasing a property in Blackheath there could be various restrictions limiting what one can do in terms of external changes to the property. Is this right?
We are aware of a number of properties in Blackheath which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Blackheath should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am planning to move home in August. Should my conveyancing solicitor update the removal company on the day of completion. As an aside, can you recommend a removal company in Blackheath. Conveyancing lawyer was found prior to coming across this website.
On the day of completion you can collect the keys from your estate agent but this can only be done after the vendors solicitors advise the agent that the monies to complete are in and the keys can be handed over. You will need to inform the removal men that you are ready to move in. As a matter of policy we do not recommend a specific removal company but can assist you in finding a conveyancing in Blackheath or a legal practice with expertise in conveyancing in Blackheath.
I've read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Blackheath solicitor - who is on the Kent Reliance conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Blackheath postcode. As you are getting a mortgage with Kent Reliance, you could contact them to see if they have a list of approved surveyors in Blackheath.
Do commercial conveyancing searches reveal proposed roadworks that may impact a commercial premises in Blackheath?
Many commercial conveyancing solicitors in Blackheath will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in looking into accurate data on highways that impact buildings and development assets in Blackheath. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Blackheath.
For every commercial conveyancing transaction in Blackheath it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can cause delays to Blackheath commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Blackheath.
The deeds to our home can not be found. The lawyers who dealt with the conveyancing in Blackheath 5 years ago no longer exist. Will I be able to sell the house?
Gone are the days when you need to have the physical deeds to establish that you own the land or property, as the Land Registry hold details of all registered land or property electronically.
How does conveyancing in Blackheath differ for newly converted properties?
Most buyers of new build premises in Blackheath approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is finished. This is because new home sellers in Blackheath 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 conveyancing solicitors 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 Blackheath or who has acted in the same development.