As someone unfamiliar with the Edgbaston conveyancing process what is your top tip you can give me for the house moving process in Edgbaston
Not many law firms or advisers will tell you this but conveyancing in Edgbaston or throughout Birmingham is often a confrontational process. Put another way, when it comes to conveyancing there is plenty of opportunity for confrontation between you and other parties involved in the transaction. For example, the vendor, property agent and even potentially your bank. Choosing a solicitor for your conveyancing in Edgbaston should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose role it is to act in your best interests and to protect you.
There is a distinct ongoing adversarial element to conveyancing- someone must be at fault for the process taking so long. You your first instinct should be to trust your solicitor ahead of all other parties in the home moving process.
I am purchasing a house and need a conveyancing solicitor in Edgbaston who is on the Platform Home Loans Ltd approved. Can you recommend a local conveyancing firm?
Our service is limited to being a directory service for firms who wish to listed as being on the approved conveyancing panel for Platform Home Loans Ltd in certain locations such as Edgbaston. We dont recommend any particular firm.
About to purchase a new build flat in Edgbaston. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Edgbaston
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Due to the input of my in-laws I had a survey completed on a house in Edgbaston prior to retaining lawyers. I have been told that there is a flying freehold element to the property. Our surveyor advised that some lenders tend not issue a loan on such a property.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. If you call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Edgbaston. Conveyancing will be smoother if you use a solicitor in Edgbaston especially if they are familiar with such properties in Edgbaston.
Can you provide any advice for leasehold conveyancing in Edgbaston with the aim of speeding up the sale process?
- Much of the frustration in leasehold conveyancing in Edgbaston can be avoided where you get in touch lawyers as soon as you market your property and request that they start to put together the leasehold documentation which will be required by the buyers’ lawyers. If there is a history of conflict with your freeholder or managing agents it is very important that these are resolved before the property is marketed. The purchasers and their solicitors will be concerned about purchasing a flat where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is better to reveal the dispute as over rather than unresolved. You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your lawyers. A buyer’s conveyancer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 80 years. It is therefore essential at an as soon as possible that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Obtaining a new share certificate is often a time consuming formality and frustrates many a Edgbaston home move. Where a reissued share certificate is needed, you should approach the company officers or managing agents (where relevant) for this sooner rather than later.
Edgbaston Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
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Does the lease have more than 90 years unexpired? The best form of lease structure is a share of the freehold. In this situation the leaseholders have being in charge if their destiny and although a managing agent is often employed where it is bigger than a house conversion, the managing agent is directed by the tenants. Who are the managing agents?
Are Edgbaston conveyancing solicitors under an obligation to the Law Society to issue clear conveyancing figures?
Contained within the Solicitors Code of Conduct are set rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have a practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not intended as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, represent the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Edgbaston or across England and Wales.