Me and my fiance are planning to buy a 1 bedroom flat in Falconwood with a mortgage. We would like to retain our Falconwood lawyer, but the mortgage company advise he's not on their "panel". We have to appoint one of the lender panel conveyancing practices or retain our Falconwood conveyancing practitioner as well as pay for one of their panel lawyers to act for them. This seems very unfair; is there anything we can do?
Unfortunately,no. The mortgage offered to you 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. A further alternative is for your Falconwood conveyancing lawyer to apply to be on the conveyancing panel.
My husband and I are nearing an exchange on a flat in Falconwood and my mum and dad have sent the exchange deposit to my property lawyer. I am now informed that as the deposit has been received from someone other than me my lawyer needs to disclose this to my lender. I am advised that, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I advised the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?
The lawyer is duty bound to clarify with lender to ensure that they understand that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I purchased my flat on 16 February and the transaction details is yet to be registered. Should I be concerned? My conveyancing solicitor in Falconwood expressed confidence that it should be concluded in a couple of weeks. Are transfers in Falconwood particularly slow to register?
There is nothing unique when it comes to conveyancing in Falconwood registration formalities. Rather than based on location, timeframes can adjust depending on the party submitting the application, whether it is in order and whether the Land registry need to notify any interested parties. Currently approximately three quarters of submission are completed within two weeks but occasionally there can be longer hold-ups. Historically registration takes place after the purchaser is living at the property thus registration formalities is not usually primary concern but if there is a degree of urgency associated with the registration then you or your conveyancer can speak with the land registry and explain the circumstances.
I am buying a new build flat in Falconwood. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Falconwood
The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? There must be mutual enforceability of lessee’s covenants. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
In what way does the Landlord & Tenant Act 1954 affect my business property in Falconwood and how can your lawyers assist?
The 1954 Act provides protection to commercial leaseholders, giving them the right to make a request to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and help with commercial conveyancing in Falconwood
I am thinking of appointing a conveyancing solicitor in Falconwood for my remortgage. Can I see a firm’s record with the legal regulator?
You can see published Solicitor Regulator Association (SRA) determinations arising from investigations from 2008 onwards. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, dial +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training purposes.