Completion of my purchase has taken place for my property in Brighton. Conveyancing was a necessary evil but I would like to complain about the lender. How do I make a complaint?
Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. Ordinarily complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
I am due to exchange contracts on my house. I had a double glazing fitted in March 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Nationwide are being difficult. The Brighton solicitor who is on the Nationwide conveyancing panel is saying indemnity insurance will be fine but Nationwide are requiring a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Our offer on a detached house in Brighton has been agreed to, but there is a chain. The owners have put an offer on a flat, but it’s not been accepted yet, and have viewings of other properties in the pipeline. I have chosen a nearby conveyancing solicitor in Brighton. What do I do now? When do I get the mortgage application with Lloyds started?
It is normal to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (home loan application is in the region of one thousand pounds, then valuation, Brighton conveyancing search fees, etc). The first thing to do is check that your property lawyer is on the Lloyds approved list. As to the next steps this very much depends on the circumstances of your transaction, attraction to this property and on the state of the market. During a rising market some buyers would apply for the mortgage with Lloyds and pay for the valuation and only if it was satisfactory would they pay their conveyancer to proceed with the conveyancing in Brighton.
Will commercial conveyancing searches reveal planned roadworks that may affect a commercial premises in Brighton?
Many commercial conveyancing solicitors in Brighton will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Brighton. The report sets out definitive data 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 Brighton.
For each commercial conveyancing transaction in Brighton 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 could result in delays to Brighton commercial conveyancing transactions as well as pose a risk to future intentions for the site. These searches are not carried out for residential conveyancing in Brighton.
How does conveyancing in Brighton differ for new build properties?
Most buyers of new build property in Brighton contact us having been asked by the seller to sign contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Brighton tend to purchase the land, 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 Brighton 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 Brighton prior to retaining solicitors. I have been informed that there is a flying freehold aspect to the house. The surveyor has said that some lenders tend refuse to give a mortgage on such a house.
It varies from the lender to lender. Santander has different instructions from Halifax. Should you wish to telephone us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Brighton. Conveyancing will be smoother if you use a solicitor in Brighton especially if they are accustomed to such properties in Brighton.
Can you provide any advice for leasehold conveyancing in Brighton with the aim of expediting the sale process?
- Much of the delay in leasehold conveyancing in Brighton can be reduced if you instruct lawyers as soon as you market your property and request that they start to put together the leasehold documentation needed by the buyers’ lawyers. If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Organising a duplicate share certificate is often a lengthy formality and slows down many a Brighton conveyancing deal. Where a new share certificate is needed, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later. You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this by asking your solicitors. A buyer’s lawyer will not be happy to advise their client to where the remaining number of years is below 75 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale. The majority of landlords or Management Companies in Brighton levy fees for providing management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for as soon as you have a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most usual reason for delay in leasehold conveyancing in Brighton. If there is a history of any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to reveal the dispute as over rather than unsettled.
Leasehold Conveyancing in Brighton - Sample of Questions you should consider Prior to buying
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Does the lease include onerous restrictions? Is the freehold reversion owned collectively by the tenants? What is the yearly service fee and ground rent?
How easy is it to change a solicitor as I need to find a Brighton based conveyancer who is on the lender conveyancing panel. Is it practical to instruct different lawyers?
If you haven't yet instructed a conveyancer to do anything for you and have just received an estimate as to costs, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Brighton that you're thinking of instructing.