My husband and I are purchasing a new build duplex in Leven and my lawyer is advising me that she has to the bank to reveal incentives from the builder. I am on a tight deadline to exchange and my preference is not to prolong the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I had intended to instruct a property lawyer in Leven for our house move. Our financial adviser informed us that our mortgage company TSB won't deal with them. Why is this not regarded as unfair competition?
Pre- 2008 most mortgage companies had an appetite for risk which was higher than today. Almost all Leven conveyancing firms would have been on many mortgage company panels. The financial services regulator in 2010 carried out a thematic review into mortgage fraud which come to the conclusion: mortgage lenders should know the conveyancing solicitors dealt with. Consequently, mortgage companies have regularly sought more data from law firms regarding their operations and their employees as well as establishing certain criteria such a completing on a minimum amount of transactions. Many Leven conveyancing firms that have been excluded from lender panels have a 100% healthy track record, no complaints and no claims and didn't just 'dabble' in conveyancing. Leven is amongst the numerous locations where the solicitors we recommend are are approved TSB.
is it true that all Leven conveyancing solicitors on the Clydesdale conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Clydesdale approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do permit licenced conveyancers on their panel in which case such firms would be overseen by the CLC.
The mortgage over my property is with Nottingham for my property in Leven. Conveyancing has been completed some time ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nottingham?
Nottingham must be informed of your intention in advance of renting your property as this is likely to be a breach of Nottingham’s mortgage conditions. It may be that Nottingham will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. It should not be necessary to do this via a Nottingham conveyancing panel solicitor.
After shopping around on the internet I have found a Leven solicitor having checked that they are on the UBS conveyancing panel. Does my lawyer arrange the survey of the property?
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. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Leven postcode. As you are getting a mortgage with UBS, you could contact them to see if they have a list of approved surveyors in Leven.
It has been 3 months since my purchase conveyancing in Leven took place. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I decided to have a survey completed on a house in Leven in advance of instructing lawyers. I have been informed that there is a flying freehold element to the property. Our surveyor has said that some banks will not issue a loan on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Leven. Conveyancing will be smoother if you use a solicitor in Leven especially if they regularly deal with such properties in Leven.
We're FTB’s - had an offer accepted, but the selling agent advised that the vendor will only issue a contract if we use the agent's preferred solicitors as they are insisting on an ‘expedited deal’. We would rather use a local conveyancer with experience of conveyancing in Leven
It is highly unlikely the owners are behind this. If they desire ‘a quick sale', alienating a serious buyer is likely to cause more damage than good. Avoid the agents and go straight to the owners and make sure they understand (a)you are keen to buy (b)you are ready to go, with finances in place © you do not need to sell (d) you wish to move quickly (e)but you are going to instruct your own,trusted Leven conveyancing lawyers - not the ones that will give their negotiator at the agency a referral fee or achieve conveyancing figures set by senior management.