I can't travel far from Downham. Is there a reason why all Downham lawyers aren't included on all bank panels?
Banks ordinarily impose restrictions on either the type or the number of conveyancing solicitors on their approved list of lawyers. Typical examples of such restriction(s) being that the practice must have two or more partners. As well as restricting the structure of firm, some lenders made a decision to limit the size of their panel they allow to act for them. It is worth noting that banks have no accountability for the standard of service given by any Downham lawyer on their approved list. Increases in mortgage fraud was the main trigger for the rationalisation of conveyancing panels in the last decade even though there are differing opinions about the extent of solicitor involvement in some of that fraud. Data from HM Land Registry exposes that thousands of conveyancing practices only carry out a couple of conveyances annually. Those vindicating conveyancing panel pruning ask why law firms deserve any entitlement to be on a bank panel when clearly conveyancing is not their primary expertise?
Last May we completed a house move in Downham. We have noticed several issues with the house which we suspect were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been carried out as part of conveyancing in Downham?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Downham. Conveyancing searches and due diligence undertaken during the buying process are supposed to help avoid problems. As part of the process, a seller completes a form called a SPIF. answers ends up being incorrect, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Downham.
We are expecting a mortgage offer soon. The lender mentioned the home loan came with free conveyancing. Is the implication that I have to instruct their panel lawyer as I would prefer to appoint a high street conveyancing solicitor in Downham?
You should check but the chances are that give you one of their panel solicitors where you take up the "fee-free" offer. Call the mortgage company and explore if they offer you a monetary alternative. In the past a few lenders offered a £250 cashback as a further option in which case that money can go towards your preferred conveyancing solicitor in Downham.
I opted to have a survey carried out on a property in Downham before instructing lawyers. I have been advised that there is a flying freehold element to the house. Our surveyor advised that some banks will not grant a loan on this type of home.
It varies from the lender to lender. Santander has different instructions for example to Halifax. If you e-mail us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Downham. Conveyancing may be slightly more expensive based on your lender's requirements.
In my capacity as executor for the estate of my grandfather I am disposing of a property in Cardiff but I am based in Downham. My solicitor (based 260 miles awayrequires that I sign a statutory declaration prior to completion. Could you suggest a conveyancing lawyer in Downham who can witness this legal document for me?
Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are based in Downham
Can you provide any top tips for leasehold conveyancing in Downham from the perspective of speeding up the sale process?
- Much of the delay in leasehold conveyancing in Downham can be avoided where you appoint lawyers the minute you market your property and request that they start to collate the leasehold information which will be required by the purchasers’ lawyers. Some Downham leases require Licence to Assign from the landlord. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their solicitors. If you are supposed to have a share in the Management Company, you should ensure that you are holding the original share document. Obtaining a re-issued share certificate is often a time consuming formality and frustrates many a Downham conveyancing deal. If a reissued share certificate is necessary, you should approach the company officers or managing agents (if relevant) for this at the earliest opportunity. You believe that you know the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is below 80 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.
I have attempted and failed to negotiate with my landlord to extend my lease without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a Downham conveyancing firm to assist?
Most definitely. We are happy to put you in touch with a Downham conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Downham property is Ravensbourne Lodge 4 Highland Road in February 2013. the Tribunal held that the amount payable for the freehold was £22,268