My conveyancer has identified a a problem with the lease for the apartment we are purchasing in Chiseldon. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner says that he must ensure that the lender is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 conveyancer will have no choice but to discontinue acting for you.
Completed the sale of my flat in Chiseldon last April but my buyer keeps whats apping daily to say his lawyer needs to hear from mine. What are the post completion sale legalities now that I have sold?
Following your house sale your solicitor should forward the transfer documentation and all of the paperwork to the buyer’s lawyers. Depending on the transaction, your solicitor should also evidence that the legal charge in favour of the lender has been repaid to the purchasers conveyancers. There are no post completion formalities specific conveyancing in Chiseldon.
I have a decision in principle. The bank mentioned the loan came with free conveyancing. Is the implication that I have to instruct their panel solicitor as I would much rather use a high street conveyancing solicitor in Chiseldon?
Do check but the the probability is that appoint one of their panel conveyancers should you take up the "fee-free" incentive. Contact the lender to check if they allow a cash alternative. Some banks have previously offered a £250 cashback as an alternative in which case you could put that amount towards the cost for your conveyancing solicitor near Chiseldon.
I am purchasing a end of terrace house in Chiseldon. The intention is to carry out an extension to the side at the property.Will the conveyancing process involve checks to determine if these alterations are permitted?
Your property lawyer will check the registered title as conveyancing in Chiseldon can occasionally reveal restrictions in the title documents which restrict categories of changes or require the consent of a 3rd party. Certain extensions need local authority planning consent and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these issues with a surveyor before you commit yourself to a purchase.
We have agreed to purchase a house in Chiseldon. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender HSBC be concerned?
Given that you are obtaining a mortgage with HSBC your lawyer must check the conveyancing requirements outlined in Section 2 of UK Finance Lenders’ Handbook for HSBC. The CML Handbook contains minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to HSBC where a lease does not comply with these provisions. The conditions relate to the installation of panels on properties in England and Wales and is not isolated to Chiseldon.
I am due to exchange contracts on my flat. I had a double glazing fitted in June 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Barclays are being a right pain. The Chiseldon solicitor who is on the Barclays conveyancing panel is recommending indemnity insurance as a solution but Barclays are requiring a building regulation certificate. Why do Barclays have a conveyancing panel if they don't accept advice from them?
It is probably the case that Barclays have referred the matter to their valuer. The reason why Barclays 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.
Will our solicitor be making enquiries regarding flooding during the conveyancing in Chiseldon.
The risk of flooding is if increasing concern for lawyers dealing with homes in Chiseldon. Some people will acquire a house in Chiseldon, fully aware that at some time, it may be flooded. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, however there are a number of checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Chiseldon. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the vendor to find out if the property has suffered from flooding. If flooding has previously occurred which is not disclosed by the owner, then a purchaser could bring a legal claim for losses resulting from an incorrect answer. The purchaser’s lawyers may also order an enviro search. This will indicate if there is any known flood risk. If so, additional inquiries will need to be initiated.
Am I best advised to go with a Chiseldon conveyancing solicitor in close proximity to the house I am purchasing? An old friend can execute the legal formalities however her office is a couple of hundredmiles away.
The primary upside of using a high street Chiseldon conveyancing firm is that you can pop in to sign paperwork, hand in your identification documents and pester them if necessary. They will also have local intelligence which is a bonus. That being said it's more important to get someone that will do a good and efficient job. If other friends have instructed your friend and in the main were happy that must outweigh using an unfamiliar Chiseldon conveyancing lawyer solely due to them being local.