My husband and I are intending to purchase a 2 bedroom apartment in Clophill with a mortgage. We like our Clophill conveyancer, but the bank advise she’s not on their "panel". It seems we have little option but to select one of the lender panel conveyancing practices or keep our Clophill conveyancer and pay for one of their panel ones to represent them. This feels very unfair; can we not demand that the bank use our Clophill property lawyer ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Clophill conveyancing solicitor to apply to be on the conveyancing panel.
There are plenty of conveyancing solicitors in Clophill but how do I know who I should use?
It would be unwise to be seduced by the lowest Clophill conveyancing costs illustration. You really do get what you’re paying for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.
I am assisting my aunt sell her house in Clophill. Does the solicitor commission an energy assessment or it is for the owner to see to?
After the demise of Home Packs, energy assessments became a mandatory part of selling a property. An energy assessment needs to be to hand prior to the property being marketed. This is not as aspect of the sale process that lawyers normally arrange. If you are using a Clophill conveyancing solicitor they might help arrange energy assessments due to their relationships with reputable Clophill accredited person
Can I be sure that the Clophill conveyancing solicitor on the Santander panel is any good?
When it comes to conveyancing in Clophill seeking recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always recommend that you speak with the solicitor carrying out your conveyancing.
How does conveyancing in Clophill differ for newly converted properties?
Most buyers of new build or newly converted property in Clophill come to us having been asked by the builder to sign contracts and commit to the purchase even before the house is finished. This is because builders in Clophill typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Clophill or who has acted in the same development.
In what way can the Landlord & Tenant Act 1954 impact my business premises in Clophill and how can your lawyers assist?
The particular law that you refer to gives security of tenure to business lessees, giving them the legal entitlement to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refrain from granting a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Clophill is one of the numerous areas of the UK in which our lawyers have offices
I am employed by a busy estate agent office in Clophill where we have experienced a few flat sales derailed due to short leases. I have been given inconsistent advice from local Clophill conveyancing solicitors. Can you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser 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 has to be done before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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.
Leasehold Conveyancing in Clophill - Sample of Queries Prior to Purchasing
Are any of leasehold owners in arrears of their service charge liability? Who are the managing agents?
Me and my wife accepted an offer on a Clophill ground floor flat left to us 5 years ago in 2009. I have over 12 years conveyancing experience and, now retired, see no reason not to carry out my own legal work. The buyer's conveyancing practitioner has informed me that their building society will not allow you to do your own conveyancing insisting the funds to be released via a solicitor's bank account.
Lending requirements to lawyers from all mainstream lenders state that If the vendor is not legally represented the purchaser’s lawyers should check whether the mortgage company needs to be told so that a decision can be reached as to whether they are prepared to progress.