My nephew is about to exchange on a newly built flat in Burnley with a home loan from Principality. 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 document is intended to provide information to the main parties engaged in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Principality 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 Principality conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I am intent on selling our property in Burnley and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local conveyancer would know this is not the case. For the life of me I don't know why the buyers used a nationwide conveyancing practice as opposed to a conveyancing solicitor in Burnley. Having lived in Burnley for three years we know of no issue. Is it a good idea to contact our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
I purchased a semi-detached Victorian house in Burnley. Conveyancing solicitor represented me and Bank of Ireland. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to read 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Burnley and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing lawyer who conducted the purchase.
I have been on the look out for a leasehold apartment up to £195,000 and identified one close by in Burnley I like with a park and railway links in the vicinity, however it's only got 61 years on the lease. I can't really find anything else in Burnley for this price, so just wondered if I would be making a mistake purchasing a short lease?
Should you require a home loan the shortness of the lease may be an issue. Reduce the offer by the anticipated lease extension will cost if not already taken into account. If the existing proprietor has owned the property for at least twenty four months you may request that they start the process of the extension and then assign it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this matter.
I need to instruct a conveyancing lawyer in Burnley for my house move. Is there any facility to see a firm’s complaints history with the legal regulator?
You can search for documented Solicitor Regulator Association (SRA) decisions resulting from inquisitions commenced on or after 1 January 2008. Visit Check a solicitor's record. For information Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The regulator sometimes monitor telephone calls for training requirements.
My brother mentioned that before choosing a conveyancing lawyer they must be approved by your lender. I am new to the process but I have an AIP from Nat West Bank and I already have a bricks and morter conveyancing lawyer in Burnley lined up. Can HSBC require an approved conveyancer to be selected? If so, where can I find that list for my conveyancing in Burnley?
You need to use a solicitor that is on the HSBC panel. Simply call your preferred Burnley conveyancing lawyer and ask if they are on the HSBC panel. If they are not approved you have numerous alternatives open to you here:
- Carry on with your existing Burnley conveyancing practitioner but HSBC will undoubtedly instruct a conveyancer from their approved panel. This will result in additional charges together with probable interruption.
- Appoint a new conveyancer to conduct the conveyancing, making sure they are on the HSBC conveyancing panel.
- Convince your conveyancing practitioner to do everything within their powers to get listed on the HSBC conveyancing panel.