Am I correct in assuming that the fact that my conveyancer in Cudham is not identified on my bank's conveyancing panel that there is a problem with the standard of his conveyancing?
It would not be wise to jump to that conclusion. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Cudham conveyancing firm and ask them why they are no longer on the approved list for your lender.
Our solicitor has discovered a defect with the lease for the apartment we are purchasing in Cudham. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our property lawyer has advised that he must check that the bank is content with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the lender are the client. The appropriate lender specifications must be adhered to.
What is the first thing I need to know about purchase conveyancing in Cudham?
Not many law firms or advisers will tell you this but conveyancing in Cudham and elsewhere in South East London is often a confrontational process. In other words, when it comes to conveyancing there exists lots of room for conflict between you and others involved in the home moving process. E.g., the seller, selling agent and even potentially a mortgage company. Selecting a solicitor for your conveyancing in Cudham should not be taken lightly as your conveyancer is your adviser, and is the ONE party in the transaction whose role it is to protect your legal interests and to protect you.
Every so often a potential adversary will try and convince you that you should follow their advice. For example, the selling agent may claim to be helping by claiming that your solicitor is slow. Or your mortgage broker may try to convince you to do something that is contrary to your conveyancers guidance. You should always trust your lawyer above all other parties in the home moving process.
I am buying a right to buy a flat in Cudham. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Cudham you will have to appoint a solicitor on your lender's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Cudham.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Cudham?
Two types of professional can conduct conveyancing in Cudham namely licenced conveyancers or solicitors. The two can administer conveyancing services that required to complete the sale or purchase of property. They are both required to conduct Cudham conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally conducted and that all necessary procedures will be appropriately attended to.
Can I be sure that the Cudham conveyancing solicitor on the Clydesdale panel is any good?
When it comes to conveyancing in Cudham obtaining recommendations is a sensible starting point. 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 advise that you speak with the solicitor conducting your transaction.
After months of negotiation I have agreed a price on a house in Cudham. My financial adviser recommended their conveyancers. I paid an on account payment of £225. Shortly after, the conveyancing practitioner called me sheepishly admitting that they were not on the TSB 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 TSB 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 am tempted by the attractive purchase price for a two apartments in Cudham which have about fifty years remaining on the leases. should I be concerned?
There are no two ways about it. A leasehold apartment in Cudham is a wasting asset as a result of the reducing lease term. The nearer the lease gets to zero years unexpired, the more it reduces the marketability of the premises. The majority of buyers and banks, leases with less than eighty years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Cudham conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
I have given up negotiating a lease extension in Cudham. Can this matter be resolved via the Leasehold Valuation Tribunal?
in cases where there is a missing landlord or where there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to assess the price payable.
An example of a Lease Extension matter before the tribunal for a Cudham property is 1 Southlands Court Southlands Road in September 2013. The Leasehold Valuation Tribunal determined that the premium to be paid by the tenant on the grant of a new lease, in accordance with section 56 and Schedule 13 of the Leasehold Reform, Housing and Urban Development Act 1993 was £30,541 This case related to 1 flat. The unexpired lease term was 50.57 years.