Me and my wife are acquiring a leasehold flat in Fawley. My Solicitor is not listed on the bank solicitor panel. Can I still use my Fawley conveyancing solicitor notwithstanding that they are excluded from the bank list of approved lawyers?
You have a couple of alternatives open to you here
- Complete the deal with your chosen Fawley lawyer but your bank will undoubtedly instruct a lawyer from their conveyancing panel. The net result is additional cost and potential interruption.
- Get a fresh property lawyer to act in the purchase, ensuring that they are on the bank conveyancing panel.
- Convince your solicitor to do everything within their powers to get listed on the bank’s panel of solicitors
Should our solicitor be raising enquiries about flooding as part of the conveyancing in Fawley.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Fawley. There are those who acquire a house in Fawley, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, but there are a numerous searches that may be carried out by the buyer or on a buyer’s behalf which can figure out the risks in Fawley. The conventional set of completed inquiry forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the seller to find out if the premises has ever been flooded. In the event that flooding has previously occurred and is not notified by the owner, then a buyer may issue a claim for damages resulting from an misleading response. A purchaser’s solicitors will also order an enviro report. This should higlight if there is any known flood risk. If so, additional investigations should be initiated.
Just had an offer accepted on a new build apartment in Fawley. Conveyancing is necessary evil 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 legal work.
Set out below are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Fawley
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Please supply a car parking plan. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? 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 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.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, no chain conveyancing. Fawley is the location of the property. Can you shed any light on this issue?
Flying freeholds in Fawley are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Fawley you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Fawley may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Should I go with a Fawley conveyancing solicitor based in the location that I am hoping to buy? We have a good friend who can conduct the legal formalities but they are based a couple of hundredkilometers away.
The primary upside of using a local Fawley conveyancing firm is that you can drop in to execute paperwork, hand in your identification documents and pester them if necessary. Having local Fawley know how is a benefit. However it's more important to get someone that will do a good and efficient job. If if people you trust used your friend and the majority were content that must trump using an unfamiliar Fawley conveyancing solicitor just because they are local.
Me and my partner are planning to purchase a four bedroom flatin Fawley with a home loan from a mortgage company. We have selected a solicitor in Fawley yet our lender advise she’s not approved on their "panel". It seems we have little choice but to instruct one of the our mortgage company panel firms or stay with our Fawley solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that our mortgage company use our Fawley lawyer?
Unfortunately,no. The lender mortgage issued is subject to its terms and conditions, one of which will be that solicitors will on the lender's conveyancing panel. Until recently, most banks had large numbers of law firms on their panels, including most conveyancing solicitors in Fawley : a mortgagee 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 lawyer to apply to be on the conveyancing panel for your bank.