We are purchasing a 1 bedroom flat in Clowne with a mortgage. We have a Clowne lawyer, however the bank advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or keep our Clowne property lawyer as well as pay for one of their panel firms to represent them. This feels very unfair; are we not able to insist that the mortgage company use our Clowne property lawyer ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’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 Clowne conveyancing solicitor to apply to be on the conveyancing panel.
Completed the sale of my flat in Clowne last September yet the purchaser is Skype messaging me to moan that his solicitor needs to hear from mine. What should my lawyer have done now that I have sold?
After completion of your house sale your conveyancer should send the transfer deeds and all additional paperwork to the buyer’s solicitors. If applicable, your conveyancer must also confirm that the legal charge in favour of the lender has been redeemed to the buyers solicitors. There is unlikely to be post completion tasks specific conveyancing in Clowne.
My stepmother informed me that in buying a property in Clowne there could be a number of restrictions limiting what one can do in terms of external alterations to a property. Is this right?
There are anumerous of properties in Clowne which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Clowne should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
After months of negotiation I have agreed a price on an apartment in Clowne. My financial adviser suggested a conveyancer. I paid an upfront payment of £150. A few days later, the conveyancing practitioner called me sheepishly admitting that they were not on the Leeds Building Society conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Leeds Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have instructed a Clowne conveyancer having checked that they are on the Co-operative conveyancing panel. Does my lawyer arrange the survey of the property?
Co-operative will need an independent valuation of the property. Your lawyer will not arrange this. Usually Co-operative 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 solicitor 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 Clowne postcode. As you are getting a mortgage with Co-operative, you could contact them to see if they have a list of approved surveyors in Clowne.
I have a 4 bedroom Victorian property in Clowne. Conveyancing practitioner acted for me and Britannia. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You should read 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 Clowne and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the situation with your conveyancing practitioner who conducted the work.
How does conveyancing in Clowne differ for new build properties?
Most buyers of new build or newly converted property in Clowne come to us having been asked by the seller to exchange contracts and commit to the purchase even before the house is completed. This is because developers in Clowne typically purchase the site, 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 Clowne or who has acted in the same development.
I am looking for a flat up to £195,000 and found one near me in Clowne I like with open areas and transport links in the vicinity, the downside is that it's only got 61 remaining years left on the lease. I can't really find anything else in Clowne in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
Should you require a home loan the shortness of the lease will likely be problematic. Reduce the offer by the expected lease extension will cost if not already taken into account. If the existing owner has owned the premises for a minimum of twenty four months you can ask them to start the process of the extension and pass it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing lawyer about this.