We are purchasing a newly constructed flat in Leicester and my lawyer is informing me that she has to the bank to reveal incentives from the seller. I am under pressure to exchange and my preference is not to delay deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
We are expecting a mortgage offer soon. The lender mentioned the mortgage came with free conveyancing. Does this mean I have to instruct their panel conveyancer as I would prefer to appoint a Leicester based conveyancing firm?
Do check but the the likelihood is that allocate you one of their panel lawyers if you take up the "fee-free" incentive. Speak to the mortgage company and see if they allow a monetary alternative. In the past a few lenders offered a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor in Leicester.
Should our solicitor be asking questions concerning flooding during the conveyancing in Leicester.
The risk of flooding is if increasing concern for lawyers dealing with homes in Leicester. There are those who acquire a property in Leicester, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, however there are a various searches that may be undertaken by the buyer or by their solicitors which can figure out the risks in Leicester. The conventional set of completed inquiry forms given to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to discover whether the property has historically flooded. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could bring a legal claim for losses stemming from an inaccurate response. The purchaser’s conveyancers will also carry out an enviro report. This will indicate whether there is any known flood risk. If so, additional inquiries should be conducted.
How does conveyancing in Leicester differ for new build properties?
Most buyers of new build premises in Leicester contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is completed. This is because house builders in Leicester typically purchase the real estate, 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 accustomed to new build conveyancing in Leicester or who has acted in the same development.
I am thinking of appointing a conveyancing practitioner in Leicester for my home move. Can I review a firm’s complaints history with the profession’s regulator?
You can search for documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions started on or after Jan 2008. Go to Check a solicitor's record. For information about the period before 1 January 2008, or to check a solicitors record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The SRA could recorded call for training requirements.
All being well we will complete our sale of a £375,000 flat in Leicester in nine days. The freeholder has quoted £396 for Landlord’s certificate, insurance certificate and 3 years statements of service charge. Is it legal for a freeholder to charge such fees for a flat conveyance in Leicester?
Leicester conveyancing on leasehold apartments usually results in fees being invoiced by freeholders :
-
Answering conveyancing due diligence questions
Where consent is required before sale in Leicester
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leicester Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing
-
Please tell me if there are any major works in the near future that will add a premium to the service costs? What is the the remaining lease term? What is the name of the managing agents?