Me and my fiance are buying a 1 bedroom apartment in Hawkhurst with a mortgage. We like our Hawkhurst conveyancer, but the lender says he's not on their "panel". It appears that we have little option but to instruct one of the bank panel firms or retain our Hawkhurst property lawyer and pay for one of their panel ones to act for them. We regard this is inequitable; are we not able to insist that the mortgage company use our Hawkhurst property lawyer ?
No, not really. Your mortgage offer 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 Hawkhurst conveyancing solicitor to apply to be on the conveyancing panel.
The owners have rather pushy vendors who has recommended a preliminary agreement with a down payment 6,000. Is it wise to enter into such agreements?
There are a couple of main downsides with signing a lock out agreement (also termed a no-shop agreement) is that it diverts attention away from moving forward with the conveyancing process, so in the absence of it needing limited or no negotiation then it could turn out to be a hindrance. It is not particularly popular amongst Hawkhurst conveyancing solicitors for this reason. The other main issue is the extent of the remedies available - a jilted buyer is extremely unlikely to win an injunction to stop the owner selling to a third party, so the only remedy available under the contract will be the reimbursement of abortive charges and, in limited circumstances, the extra payment of damages.
Can I use your services to locate a Conveyancing solicitor in Hawkhurst even if I’m not purchasing or selling a house, for instance where I wish to acquire an office in Hawkhurst with a loan from TSB?
The service is primarily used to select residential conveyancing solicitors in Hawkhurst but we have recorded at the bottom of this page a selection of Hawkhurst commercial conveyancing firms. You should enquire with the solicitors directly to see if they can also act for TSB
How does conveyancing in Hawkhurst differ for newly converted properties?
Most buyers of new build or newly converted property in Hawkhurst come to us having been asked by the builder to exchange contracts and commit to the purchase even before the house is built. This is because builders in Hawkhurst typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Hawkhurst or who has acted in the same development.
I have been sourcing a conveyancing lawyer in Hawkhurst for my home move. Is there any facility to check a solicitor's complaints history with the profession’s regulator?
Members of the public may search for presented Solicitor Regulator Association (SRA) determinations arising from inquisitions from 2008 onwards. Go to Check a solicitor's record. For details about the period before 1 January 2008, or to check a firm's history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The SRA may recorded telephone calls for training requirements.
I only have 68 years unexpired on my flat in Hawkhurst. I am keen to extend my lease but my freeholder is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you or your lawyers have used your best endeavours to locate the lessor. In some cases an enquiry agent should be useful to try and locate and prepare an expert document to be accepted by the court as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Hawkhurst.
I inherited a leasehold flat in Hawkhurst, conveyancing having been completed 4 years ago. Can you give me give me an indication of the likely cost of a lease extension? Equivalent properties in Hawkhurst with an extended lease are worth £179,000. The ground rent is £65 levied per year. The lease finishes on 21st October 2079
You have 57 years unexpired the likely cost is going to span between £26,600 and £30,800 plus professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we are not able to supply a more accurate figure without more comprehensive investigations. You should not use this information in tribunal or court proceedings. There may be other issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before seeking the advice of a professional.