I opted for a local lawyer for our conveyancing in Durham recently. Reviewing the official terms of business I notewe are on the hook for fees even if the sale doesn't happen. Would I be best advised to appoint a web based conveyancing company advertising no move no charge conveyancing in Durham?
It is usually a trade off in that if "No Sale No Fee" is offered then the fee levels will tend to be be higher to counteract the transactions that do not go ahead. Also remember that such offerings generally do not cover expenses e.g. Durham conveyancing search fees.
I am buying a brand new flat in Durham and my solicitor is informing me that she has to the bank to reveal incentives from the builder. I am nearing the developer’s deadline to sign contracts and I have no desire to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
It is a dozen years since I purchased my property in Durham. Conveyancing lawyers have just been instructed on the sale but I am unable to find the title deeds. Is this a problem?
You need not be too concerned. First the deeds may be retained by the mortgage company or they may be in the possession of the conveyancers who acted in your purchase. Secondly in all probability the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Durham involves registered property but in the unlikely event that your property is not registered it adds to the complexity but is not insurmountable.
Should my conveyancer be raising questions concerning flooding during the conveyancing in Durham.
The risk of flooding is if increasing concern for lawyers dealing with homes in Durham. There are those who acquire a property in Durham, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not qualified to give advice on flood risk, but there are a various checks that can be carried out by the buyer or by their solicitors which will give them a better understanding of the risks in Durham. The standard information sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a usual inquiry of the owner to find out if the property has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the vendor, then a purchaser could commence a legal claim for losses as a result of such an misleading answer. A buyer’s solicitors should also order an environmental report. This should higlight if there is any known flood risk. If so, further inquiries will need to be initiated.
I'm remortgaging my primary property to a BTL mortgage with Clydesdale and I will use the ballance of the raised equity as a down payment on another property. The neighborhood we are looking at is Durham. Will your lawyers be able to act for the two mortgage companies and tie in the two deals?
Make use of our search tool on this page to be sure that the lawyers are approved by both mortgage companies. On the basis that they are your lawyer should be able to connect the two deals but you should have a chat with you conveyancer and make apparent your expectations and requirements.
As co-executor for the will of my aunt I am disposing of a residence in Swansea but I am based in Durham. My lawyer (who is 235 kilometers from merequires that I sign a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing practitioner in Durham who can witness this legal document for me?
strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Normally or notary public or qualified solicitor will do regardless of whether they are located in Durham