What does my ID and proof of funds have anything to do with my conveyancing in Crowborough? Why is this being asked of me?
Anti-terror and anti-money-laundering laws require solicitors and licensed conveyancers to verify the identification documents of the person or body they are dealing with before they can accept their conveyancing instruction. The Client Care letter that you are required to sign should reaffirm this. Your lawyer also has obligations to obtain certain documents in accordance with the CML Lenders Handbook requirements last updated on 1st December 2014. If you refuse to provide identification documents, your solicitor will not be able to take you on as a client.
Is it the case that all Crowborough CQS (Conveyancing Quality Scheme) solicitors are on the Nationwide conveyancing panel?
A selection of banks and building societies now use CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
My wife and I have organised a further advance on our mortgage from Lloyds as we intend to conduct alterations to our home in Crowborough. Do we need to choose a high street Crowborough solicitor on the Lloyds conveyancing panel to deal with the paperwork?
Lloyds would not normally appoint a member of their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds panel.
I am buying a property in Crowborough. An unusual aspect is that the roof has a solar panel. Co-operative have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that your lender is Co-operative your lawyer must comply with the conveyancing requirements set out in Part two of UK Finance Lenders’ Handbook for Co-operative. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and property lawyers are required to report to Co-operative where a lease fails to comply with these conditions. The requirements relate to the installation of panels on properties countrywide and is not isolated to Crowborough.
Will our solicitor be raising questions concerning flooding during the conveyancing in Crowborough.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Crowborough. Some people will purchase a house in Crowborough, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, but there are a number of checks that can be initiated by the purchaser or by their lawyers which should give them a better appreciation of the risks in Crowborough. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to discover if the premises has suffered from flooding. If the residence has been flooded in past and is not disclosed by the owner, then a buyer may bring a legal claim for losses stemming from an incorrect reply. A purchaser’s solicitors should also conduct an enviro search. This should higlight whether there is any known flood risk. If so, further investigations will need to be made.
How does conveyancing in Crowborough differ for new build properties?
Most buyers of new build property in Crowborough contact us having been asked by the seller to sign contracts and commit to the purchase even before the premises is completed. This is because builders in Crowborough usually buy the real estate, 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 property lawyers 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 Crowborough or who has acted in the same development.
My husband and I are FTB’s - had an offer accepted, but the property agent has warned us that the vendor will only proceed if we appoint the agent's preferred solicitors as they are insisting on an ‘expedited deal’. Our preferred option is to instruct a family conveyancer accustomed to conveyancing in Crowborough
We suspect that the seller is not behind this request. Should the owner want ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Bypass the agents and go straight to the sellers and make sure they understand (a)you are keen to buy (b)you are excited to move forward, with finances arranged © you are chain free (d) you wish to move quickly (e)however you will continue to appoint your own,trusted Crowborough conveyancing lawyers - rather thanthose that will earn their estate agent a referral fee or achieve conveyancing targets demanded by head office.
Frank (my husband) and I may need to sub-let our Crowborough 1st floor flat temporarily due to taking a sabbatical. We used a Crowborough conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease permits subletting. How do we find out?
Notwithstanding that your previous Crowborough conveyancing lawyer is not around you can review your lease to check if you are permitted to let out the apartment. The accepted inference is that if the lease is silent, subletting is allowed. Quite often there is a prerequisite that you are obliged to obtain consent via your landlord or other appropriate person in advance of subletting. This means you not allowed to sublet in the absence of first obtaining consent. The consent is not allowed to be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
Crowborough Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
What is the name of the managing agents? Is anyone aware of any major works anticipated that will increase the service costs? You should be aware if it is less than 80 years it will have adverse implications on the value of the property. It is worth checking with your bank that they are willing to to proceed given the lease term. A short lease means that you will probably have to extend the lease at some point and it is worth discovering how much this will be. For most Crowboroughlease extensions you would be be obliged to have owned the premises for a couple of years before you are legally able to extend the lease.