Our son is about to exchange on a house that has just been built in Hampton with a mortgage from Nottingham. His solicitor has said that there is a delay in completing the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Nottingham conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Nottingham conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
is it true that all Hampton conveyancing solicitors on the Yorkshire BS conveyancing panel are regulated by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Yorkshire BS conveyancing panel they would need to be overseen by the SRA. The majority of lenders do allow licenced conveyancers on their panel and in such a situation the organisation would be governed by the CLC.
Two weeks ago we had a mortgage agreed in principle with Barclays. Hampton conveyancing lawyers are selected. How long does it take for Barclays to forward the offer to the property lawyer?
There is no definitive answer here. Have Barclays done the survey? Have you informed Barclays as to your lawyers' details and checked that your lawyers are on the Barclays conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I recently had an offer agreed on a house in Hampton. My mortgage broker suggested a conveyancing practitioner. I paid an advanced payment of £150. Shortly after, the conveyancer called me embarrassingly acknowledging that they were not on the Clydesdale 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 Clydesdale 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.
Should our lawyer be raising enquiries regarding flooding during the conveyancing in Hampton.
Flooding is a growing risk for lawyers conducting conveyancing in Hampton. There are those who purchase a property in Hampton, fully aware that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not best placed to impart advice on flood risk, but there are a various searches that may be initiated by the purchaser or by their conveyancers which can give them a better appreciation of the risks in Hampton. The conventional set of property information forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to determine if the property has ever been flooded. In the event that the residence has been flooded in past which is not notified by the seller, then a purchaser could bring a claim for damages as a result of such an misleading answer. The purchaser’s solicitors will also order an environmental search. This should reveal whether there is any known flood risk. If so, further investigations will need to be conducted.
I've recently found out that there is a flying freehold issue on a house I put an offer in two weeks back in what was supposed to be a simple, chain free conveyancing. Hampton is the location of the property. Is there any advice you can give?
Flying freeholds in Hampton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hampton you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hampton may ascertain 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 property.
I am looking for a conveyancing lawyer in Hampton for my sale. Is it possible to see a firm’s record with the profession’s regulator?
Anyone can find presented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Visit Check a solicitor's record. For records Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The regulator may recorded telephone calls for training reasons.
I have just started marketing my basement flat in Hampton. Conveyancing is yet to be initiated, however I have just received a yearly service charge demand – what should I do?
The sensible thing to do is discharge the service charge as normal given that all rents and service invoices will be apportioned on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I am the registered owner of a ground floor flat in Hampton. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal make a decision on the amount payable for the purchase of the freehold?
Absolutely. We are happy to put you in touch with a Hampton conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Hampton residence is 147 Redford Close in June 2012. The Tribunal determined the lease extension premium to be at £4,200 This case affected 1 flat. The number of years remaining on the existing lease(s) was 82.93 years.