My partner and I are planning to purchase a house in Brighouse and are in fact using a Brighouse conveyancing practice. Within the past 48 hours our conveyancer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Godiva Mortgages Ltd have this evening contacted us to advise us that they have now hit a problem as our Brighouse solicitor is not on their conveyancing panel. What do we do from here?
If you are buying a property with the assistance of a mortgage it is usual for the purchasers' solicitors to also represent the purchaser's lender. 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 mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Brighouse lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Brighouse?
Two types of professional can do conveyancing in Brighouse namely licenced conveyancers or solicitors. Both professionals administer conveyancing services that required to complete the disposal or acquisition of property. They are both obliged to execute Brighouse conveyancing on similar quality and guidelines so you may be sure that your conveyancing will be professionally carried out and that all necessary procedures should be correctly attended to.
I have a mortgage with Barclays for my property in Brighouse. Conveyancing has been completed a year ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Barclays?
You must advise Barclays prior to letting out your property as this is likely to be a breach of Barclays’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Barclays directly. You need not do this via a Barclays conveyancing panel firm.
I have instructed a Brighouse lawyer having made sure that they are on the Yorkshire BS conveyancing panel. Does my lawyer arrange the survey of the property?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS 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. You may wish to consider appointing your own Brighouse surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I am buying a new build apartment in Brighouse. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Brighouse
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are architect prepared. Please supply a car parking plan.
I have been on the look out for a leasehold apartment up to £305k and identified one near me in Brighouse I like with open areas and station in the vicinity, the downside is that it's only got 52 years on the lease. I can't really find anything else in Brighouse in this price bracket, so just wondered if I would be making a mistake buying a short lease?
If you require a home loan that many years will likely be problematic. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for a minimum of 2 years you could ask them to commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease with a zero ground rent applied. You should consult your conveyancing lawyer concerning this matter.
We're first time buyers - had an offer accepted, but the estate agent has warned us that the vendor will only move forward if we instruct their recommended conveyancers as they need an ‘expedited deal’. My instinct tells me that we should use a local conveyancer accustomed to conveyancing in Brighouse
It is unlikely the vendors are behind this. Should the vendor want ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Contact the sellers directly and explain that (a)you are motivated purchasers (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)but you will continue to use your preferred Brighouse conveyancing solicitors - not the ones that will give the estate agent a introducer fee or meet his conveyancing targets demanded by head office.
I pay a service charge for my flat in Brighouse. Due to losing my job and personal issues I fell behind with payments. The management company agreed a settlement plan but there remains three thousand pounds outstanding at the current time.
I now wish to dispose of the property and I am panicking this will hold me back if I have to settle the amount due first. Do I have to settle before - is this achievable?
It would be wise to speak with the property lawyer conducting your Brighouse conveyancing but it may be possible to agree for the debt to be passed to the purchasers. The contractual price they pay would be adjusted to reflect the amount of debt they take on. They would then deal with the arrears once they are the owners.