Our son-in-law is in the process of securing a new build apartment in Congleton with a mortgage from Santander. His lawyer has said that there is a delay in completing the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The document is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Santander conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Santander conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
we are a couple who wish to acquire a 2 bedroom apartment in Congleton with a loan from Platform Home Loans Ltd.We have a Congleton conveyancing solicitor but Platform Home Loans Ltd advised that she’s not listed on their approved list of firms. We have to appoint a Platform Home Loans Ltd panel firm or retain our preferred solicitor and fork out for one of their panel ones to represent them. This seems very unfair; is there anything we can do?
No, not really. The home loan issued to you contains various provisions, a common one being that lawyers must be on the Platform Home Loans Ltd conveyancing panel. in the past, most banks had large numbers of solicitors 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. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Platform Home Loans Ltd
I used Arc property Solicitors several years ago for my conveyancing in Congleton. Now, I need the files however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Congleton of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I'm purchasing my first flat in Congleton with the aid of help to buy. The developers would not budge the price so I negotiated £7000 of fixtures and fittings instead. The property agent told me not reveal to my conveyancer about the extras as it will jeopardize my loan with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer 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.
Due to the encouragement of my in-laws I had a survey completed on a house in Congleton ahead of retaining solicitors. I have been informed that there is a flying freehold element to the house. Our surveyor has said that some banks will not issue a mortgage on this type of premises.
It depends who your proposed lender is. HSBC has different instructions from Nationwide. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Congleton. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Congleton to see if the conveyancing costs will increase in light of this.
My husband and I may need to let out our Congleton garden flat temporarily due to taking a sabbatical. We instructed a Congleton conveyancing firm in 2004 but they have closed and we did not have the foresight to get any guidance as to whether the lease prohibits the subletting of the flat. How do we find out?
A small minority of properties in Congleton do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.
Congleton Leasehold Conveyancing - Sample of Queries before buying
Are any of leasehold owners in dispute over their service charge payments? Does the lease have more than 90 years unexpired? Most Congleton leasehold flats will have a service bill for maintenance of the building levied on behalf of the management company. Should you purchase the property you will have to meet this charge, normally periodically during the year. This can differ from several hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent for you to pay yearly, this is usually not a large sum, say approximately £25-£75 but you should to enquire it because sometimes it could be many hundreds of pounds.