Is the fact that my conveyancer in Clayton is not identified on my lender's conveyancing panel that there is a problem with the standard of the firm’s conveyancing?
That is more than likely an incorrect assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Clayton conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
is it true that all Clayton solicitor firms on the Principality conveyancing panel are governed by the SRA?
As solicitors, in order to be on the Principality conveyancing panel they would need to be governed by the SRA. Some mortgage companies do list licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers.
Completion of my purchase has taken place for my property in Clayton. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
All lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are resolved very quickly. However if you are not satisfied that 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.
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Clayton solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Clayton postcode. As you are getting a mortgage with Coventry BS, you could contact them to see if they have a list of approved surveyors in Clayton.
Should our solicitor be raising enquiries regarding flooding during the conveyancing in Clayton.
Flooding is a growing risk for conveyancers dealing with homes in Clayton. Some people will acquire a property in Clayton, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, however there are a numerous searches that may be undertaken by the buyer or by their conveyancers which can figure out the risks in Clayton. The standard property information forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to discover if the premises has historically flooded. In the event that flooding has previously occurred and is not disclosed by the seller, then a buyer could issue a compensation claim as a result of such an incorrect reply. A purchaser’s conveyancers will also conduct an enviro search. This should higlight whether there is any known flood risk. If so, additional investigations should be initiated.
About to purchase a new build apartment in Clayton. Conveyancing is a frightening process 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 legal work.
Set out below are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Clayton
-
Please confirm the Lease plans are surveyor prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please supply a car parking plan. There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Due to the input of my in-laws I had a survey completed on a house in Clayton ahead of instructing solicitors. I have been told that there is a flying freehold overhang to the house. My surveyor advised that some lenders may refuse to issue a loan on such a home.
It varies from the lender to lender. HSBC has different requirements from Halifax. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Clayton. Conveyancing will be smoother if you use a solicitor in Clayton especially if they are acquainted with such properties in Clayton.
When it comes to my conveyancing in Clayton should I be charged VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Clayton conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the conveyancing practitioner's time in submitting the funds this way.