We're in Capel St Mary, First timers buying with a mortgage (lender is RBS , and our solicitor is on the RBS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the RBS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am assisting my sister sell her property in Capel St Mary. Does the solicitor arrange an EPC or should I organise this?
After the abolition of Home Information Packs, EPC’s was maintained a required component of moving house. An energy assessment must be commissioned before the property is put on the market. This is not as aspect of the sale process that law firms normally organise. Where you are instructing a Capel St Mary conveyancing lawyer they may help arrange energy performance certificates given their contacts with reputable Capel St Mary energy assessors
My uncle pointed out to me me that in purchasing a property in Capel St Mary there may be a number of restrictions limiting what one can do in terms of external changes to a property. Is this right?
There are a number of properties in Capel St Mary which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Capel St Mary should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Capel St Mary building society branch on various occasions and was told they are content with the situation and they will lend. My Capel St Mary conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
The solicitor has to comply with the Council of Mortgage Lenders’ Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should my solicitor be making enquiries concerning flooding as part of the conveyancing in Capel St Mary.
The risk of flooding is if increasing concern for lawyers dealing with homes in Capel St Mary. Plenty of people will acquire a property in Capel St Mary, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, but there are a numerous searches that may be undertaken by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Capel St Mary. The conventional set of property information forms supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the owner to determine whether the property has suffered from flooding. In the event that flooding has previously occurred and is not notified by the vendor, then a purchaser could commence a compensation claim stemming from an inaccurate answer. The purchaser’s lawyers will also order an environmental search. This will reveal whether there is any known flood risk. If so, more detailed inquiries will need to be initiated.
Me and my brother have a 4 bedroom Edwardian property in Capel St Mary. Conveyancing solicitor acted for me and Skipton Building Society. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the matching address. Is it worth asking Skipton Building Society to clarify?
You should review the Freehold register you have again and check the Charges Register as there may be 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 Capel St Mary 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 lenders. You can also check the position with your conveyancing lawyer who conducted the purchase.
I'm purchasing a new build house in Capel St Mary with a loan from Nationwide Building Society. The builders would not reduce the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent suggested that I not to tell my solicitor about the side-deal as it will put at risk my loan with Nationwide Building Society. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey completed on a house in Capel St Mary prior to appointing lawyers. I have been advised that there is a flying freehold element to the house. My surveyor advised that some mortgage companies will not grant a mortgage on this type of premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you e-mail us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Capel St Mary. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Capel St Mary to see if the conveyancing will be more expensive.