Having sold my house in Broadclyst last November but my buyer keeps calling every few hours complaining that his conveyancer needs to hear from mylawyer. What are the post completion sale formalities now that I have sold?
Following your house sale your conveyancer should send the transfer documentation and all of the paperwork to the purchaser's conveyancer. If applicable, your conveyancer should also send confirmation that the legal charge in favour of the lender has been discharged to the buyers lawyers. There is unlikely to be post completion steps peculiar conveyancing in Broadclyst.
A friend advised me that in buying a property in Broadclyst there could be various restrictions limiting what one can do in terms of external alterations to the property. Is this right?
There are anumerous of properties in Broadclyst which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Broadclyst should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
When it comes to lenders such as HSBC, do Broadclyst conveyancing practitioners incur an annual charge to be on the list of approved solicitors?
We are not aware of any mortgage company fees to be on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
Completion of my remortgage has taken place for my property in Broadclyst. Conveyancing was satisfactory but I would like to complain about the lender. Who do I contact should I wish to lodge a complaint?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I own a 4 bedroom Georgian house in Broadclyst. Conveyancing lawyer represented me and Clydesdale. I did a free Land Registry search last week and there are two entries: one for freehold, another for leasehold under the matching address. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Broadclyst and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with the conveyancing practitioner who conducted the conveyancing.
Just had an offer accepted on a new build flat in Broadclyst. Conveyancing is daunting 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 selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Broadclyst
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Forfeiture - bankruptcy or liquidation must not apply under this provision. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
I am employed by a long established estate agent office in Broadclyst where we see a few flat sales derailed due to short leases. I have received inconsistent advice from local Broadclyst conveyancing solicitors. Please can you confirm whether the vendor of a flat can commence the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Broadclyst Leasehold Conveyancing - Sample of Queries before buying
Its a good idea to find out as much as you can concerning the company managing the block as they will either make living at the property much easier or problematic. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to day to day matters like the upkeep of the common parts. Enquire of other people if they are happy with their service. On a final note, be sure you know the dates that the maintenance fees are due to the managing agents and precisely what it includes. How many years remain on the lease? What is the name of the managing agents?
Our conveyancer in Broadclyst has uncovered a defect with the lease for the property we are purchasing in Broadclyst. The other side have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor says that as he is on the mortgage company conveyancing panel he must be satisfied that the lender is happy with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the lender approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.