Can you help? My Greater Manchester lawyer is assuring me that she is duty bound toapply for Greater Manchester conveyancing searches stemming from the fact thatthe firm are on the Santanderconveyancing panel. Is my solicitor correct?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your property lawyer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Greater Manchester conveyancing searches.
Can you clarify what the consequences are if my solicitor is removed from the Clydesdale Conveyancing panel ahead of completing my conveyancing in Greater Manchester?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
Is it correct that all Greater Manchester CQS (Conveyancing Quality Scheme) solicitors are on the Skipton conveyancing list of approved solicitors?
It is true that some banks and building societies now use CQS as the kick off point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for firms wishing to remain on their approved list of firms.
Completion of my purchase has taken place for my property in Greater Manchester. Conveyancing was of an acceptable standard but I would like to complain about the lender. How does one go about formally complaining?
All lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are resolved very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
I've read lots 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 Greater Manchester solicitor - who is on the UBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS 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 Greater Manchester 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.
I opted to have a survey carried out on a property in Greater Manchester prior to instructing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some mortgage companies may refuse to issue a loan on this type of home.
It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. If you e-mail us we can investigate further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Greater Manchester. Conveyancing will be smoother if you use a solicitor in Greater Manchester especially if they regularly deal with such properties in Greater Manchester.
I am tempted by the attractive purchase price for a couple of flats in Greater Manchester which have approximately forty five years left on the leases. Will this present a problem?
A lease is a right to use the premises for a period of time. As a lease gets shorter the marketability of the lease decreases and it becomes more expensive to acquire a lease extension. For this reason it is generally wise to extend the lease term. More often than not it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We advise that you get professional assistance from a conveyancer and surveyor with experience in this field.
Greater Manchester Conveyancing for Leasehold Flats - A selection of Queries Prior to buying
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What restrictions exist in the Greater Manchester Lease? You should want to discover as much as you can concerning the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents both financially and when it comes to practical issues such as the tidiness of the communal areas. Don't be afraid to ask other people what they think of their service. Finally, find out the dates that you are obliged pay the service charge to the managing agents and precisely what it includes. Where a Greater Manchester lease has less than 80 years it will affect the value of the property. It is worth checking with your bank that they are willing to lend given the lease term. A short lease means that you will most likely need a lease extension sooner rather than later and it is worth finding out what this will be. Remember, in most cases you will be be obliged to have been the owner of the premises for 24 months before you are eligible to carry out a lease extension.
I am buying a maisonette mortgage free. I have provided conveyancer with two separate proof of photographic identification, bank statement, multiple utility bills. Now he needs a copy from a probate lawyer advising that the money is in place and that it has come from inheritance and not via illegitimate means.
In today’s world you will not be able to complete any Greater Manchester conveyancing transaction without first providing evidence of your identity to your lawyers. This usually takes the form of a either your passport or driving licence and a utility bill. Remember if you are providing your driving licence as evidence of ID it must be both the paper part and photo card part, one is not acceptable without the other. Proof of your source of funds is required under Money Laundering laws.