My son-in-law is about to exchange on a newly built flat in Denbighshire with a mortgage from Clydesdale. His solicitor 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 form 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 Clydesdale conveyancing panel as a standard part of the process, and to the valuer when asked. 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 Clydesdale conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
As someone unfamiliar with the Denbighshire conveyancing process what is your top tip you can impart for the legal transfer of property in Denbighshire
Not many law firms or advisers will tell you this but conveyancing in Denbighshire and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there is lots of room for confrontation between you and other parties involved in the home moving process. For example, the seller, estate agent and on occasion a mortgage company. Selecting a law firm for your conveyancing in Denbighshire should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the process whose interest is to act in your best interests and to keep you safe.
Every so often a potential adversary may attempt to convince you that it is in your interests to do things their way. For instance, the estate agent may claim to be assisting by claiming that your conveyancer is wrong. Or your financial adviser may tell you to do something that is against your conveyancers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
My friend suggested that if I am purchasing in Denbighshire I should ask my conveyancer to execute a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally included in the estimate for your Denbighshire conveyancing searches. It is not a small document of more than thirty pages, listing and setting out important information about Denbighshire around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Denbighshire Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Denbighshire Education with maps and statistics, Local Amenities and other useful data about Denbighshire.
Are there restrictive covenants that are commonly identified during conveyancing in Denbighshire?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Denbighshire. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Denbighshire differ for new build properties?
Most buyers of new build residence in Denbighshire come to us having been asked by the developer to sign contracts and commit to the purchase even before the premises is built. This is because new home sellers in Denbighshire tend to acquire 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 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 Denbighshire or who has acted in the same development.
I need to instruct a conveyancing practitioner in Denbighshire for my home move. Is it possible to review a firm’s record with the profession’s regulator?
Anyone can search for presented Solicitor Regulator Association (SRA) determinations stemming from investigations started on or after Jan 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, call +44 (0)121 329 6800. The SRA could recorded telephone calls for training purposes.