Me and my partner are purchasing a 3 bedroom flat in East Sussex with a mortgage. We have a East Sussex lawyer, but the mortgage company advise she’s not on their "panel". It seems we have little option but to instruct one of the mortgage company panel conveyancing practices or keep our East Sussex solicitor and pay for one of their panel firms to act for them. This feels very unfair; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your East Sussex conveyancing lawyer to apply to be on the conveyancing panel.
What is the difference between a licensed conveyancer and conveyancing solicitor in East Sussex
Two types of professional can execute conveyancing in East Sussex namely licenced conveyancers or solicitors. The two can administer the legal services that you need to complete the disposal or acquisition of property. Both are duty bound to execute East Sussex conveyancing to the same standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally carried out and that the necessary steps will be correctly adhered to.
I am purchasing a 3 bedroom semi in East Sussex. Our aim is to carry out an extension to the side at the property.Will legal investigations on the property involve enquiries to see if these alterations are prohibited?
Your property lawyer will review the deeds as conveyancing in East Sussex will occasionally identify restrictions in the title deeds which prevent certain changes or require the consent of a 3rd party. Certain extensions call for local authority planning consent and approval in accordance building regulations. Many locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor before you commit yourself to a purchase.
I recently had an offer agreed on a house in East Sussex. My mortgage broker suggested a lawyer. I paid an advanced payment of £200. Soon after, the solicitor called me to say that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Taking into account that I am about to part with over three hundred thousand on a terraced house in East Sussex I would like to talk to a lawyer regarding thehome move in advance of giving the go ahead to the firm. Is this something that you can arrange?
This is something that we encourage - it is our preference to talk to you we do not take any clients on without you first talking to the solicitor who will be conducting your conveyancing in East Sussex.There is no ‘factory style conveyancing’ - each client is an important person, not a matter reference. The law firms that we put you in touch with believe that the figure you are calculated and presented to you for residential conveyancing in East Sussex should be the figure that you end up paying.
My cousin has recommend that I instruct his lawyers for conveyancing in East Sussex. Should I use them?
Much as we are happy to recommend a East Sussex conveyancing lawyer the best way to select a conveyancing solicitor is to have feedback from friends or family who have used the solicitor that you are contemplating using.
I work for a busy estate agency in East Sussex where we have witnessed a number of leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local East Sussex conveyancing firms. Can you shed some light as to whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I inherited a ground floor flat in East Sussex, conveyancing having been completed in 1999. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable flats in East Sussex with a long lease are worth £202,000. The average or mid-range amount of ground rent is £55 levied per year. The lease comes to an end on 21st October 2077
With just 56 years left to run the likely cost is going to be between £29,500 and £34,000 as well as legals.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.
22 days into purchasing a house in East Sussex. Conveyancing solicitor has called to say the property is "Leasehold". Should this make a difference on the marketability of the property?
East Sussex conveyancing does not usually involve leasehold houses. The main consideration here is the length of lease and the ground rent. If it's 999 years with a peppercorn rent, it's essentially freehold, so it’s unlikely to affect the value too much.
At the other extreme, if it's, say, Sixty years it is bound to have a significant effect on the value, and most likely wouldn't be mortgageable. The length of lease and ground rent will be stated in the lease which should be made available to your lawyer.