As someone clueless as to the Dursley conveyancing process what’s the number one tip you can impart for the house moving process in Dursley
You may not hear this from too many lawyers but conveyancing in Dursley and elsewhere in Gloucestershire is an adversarial process. Put another way, when it comes to conveyancing there exists an abundance of room for conflict between you and other parties involved in the home moving process. E.g., the seller, estate agent and sometimes a bank. Selecting a solicitor for your conveyancing in Dursley is a critical decision as your conveyancer is your adviser, and is the SOLE person in the legal process whose role it is to act in your legal interests and to protect you.
Every so often a potential adversary will try and sway you that it is in your interests to do things their way. As an example, the estate agent may claim to be assisting by claiming that your solicitor is wrong. Or your mortgage broker may tell you to do take action that is against your lawyers recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I am currently in the process of buying my council flat in Dursley. I have a mortgage offer with Santander. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Santander, you will need to appoint a solicitor on the Santander conveyancing panel.
I had an offer accepted on an apartment in Dursley on 25/5/2021, valuation was booked 2 days later, all came back fine. Conveyancer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to Kent Reliance and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the Kent Reliance conveyancing panel. Are Kent Reliance entitled to hold back the Mortgage pending the lawyer being on the approved list?
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Kent Reliance to deal with your lawyer's application to be on the Kent Reliance conveyancing panel. There's no guarantee that your solicitor will be accepted.
I've digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Dursley solicitor - who is on the Virgin Money conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Dursley surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
What does a local search reveal about the property my wife and I purchasing in Dursley?
Dursley conveyancing often commences with the applying for local authority searches directly from your local Authority or through a personal search company for example Searches UK The local search is essential in every Dursley conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your new home. The search should reveal information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
Are there restrictive covenants that are commonly identified during conveyancing in Dursley?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Dursley. 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 Dursley differ for newly converted properties?
Most buyers of new build or newly converted property in Dursley contact us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is completed. This is because house builders in Dursley usually acquire 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 accustomed to new build conveyancing in Dursley or who has acted in the same development.
I was recommended by a few estate agents in Dursley to select a property lawyer on your site. Is there a financial incentive for Estate Agents to promote your services ahead of a competitor’s?
We don’t offer any commission for sending work to this site. We found it would be just too difficult a fee because a client could think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.