Our god-son is buying a house that has just been built in Denton with a home loan from Barclays. His solicitor has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The document is intended to provide information to the main parties involved in the purchase. Therefore, it will be provided to your son’s lawyer who should be on the Barclays 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 Barclays conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
What is the first thing I need to know concerning purchase conveyancing in Denton?
Not many law firms shout this from the rooftops but conveyancing in Denton or throughout England and Wales is often a confrontational process. In other words, when it comes to conveyancing there is an abundance of room for friction between you and others involved in the home moving process. For example, the vendor, selling agent and even potentially your bank. Appointing a solicitor for your conveyancing in Denton is a critical decision as your conveyancer is your adviser, and is the ONLY person in the legal process whose role it is to look after your legal interests and to protect you.
On occasion a third party with a vested interest may attempt to sway you that you should follow their advice. As an example, the estate agent may claim to be assisting by suggesting your solicitor is slow. Or your mortgage broker may advise you to do take action that is against your lawyers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
My uncle advised me that in purchasing a property in Denton there could be a number of restrictions preventing external changes to the property. Is this right?
We are aware of a number of properties in Denton which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Denton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am buying a property in Denton. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender TSB be concerned?
As you are obtaining a mortgage with TSB your lawyer must check the conveyancing requirements outlined in Part 2 of UK Finance Lenders’ Handbook for TSB. The Council of Mortgage Lenders’ Handbook sets out minimum requirements for solar panel roof-space leases, and conveyancing practitioners are required to report to TSB where a lease fails to satisfy these conditions. The conditions relate to the installation of panels on properties nationwide and is not limited to Denton.
I have decided to exercise my right to buy my property in Denton off the council. I have a mortgage agreed with TSB. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
How does conveyancing in Denton differ for new build properties?
Most buyers of new build residence in Denton contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is finished. This is because house builders in Denton usually buy 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 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 used to new build conveyancing in Denton or who has acted in the same development.
My cousin has urged me to appoint his conveyancing solicitors in Denton. Should I find my own conveyancer?
No doubt the best way to find a conveyancing lawyer is to have guidance from friends or family who have previously instructed the firm you're contemplating using.
Is it necessary during the course of the conveyancing process to visit the offices of the lender conveyancing panel solicitor to execute the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Denton as it will be easier to attend their offices when needed.
As opposed to ten years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Denton.