At what point will exchange of contracts occur in residential conveyancing in Malmesbury and do I need to be at the lawyers office?
Where you are round the corner to one of the conveyancing solicitors in Malmesbury you are invited in to sign the paperwork. However, the law practices we work with offer a national conveyancing service and give just as diligent and professional a job for you when communicating with you electronically. The signing of the contract is not the critical part. Signing on the dotted line is just a prerequisite for the conveyancer to exchange contracts when the time is right, which is ordinarily shortly after signing. The procedure is nowadays normally dealt with by telephone and can be very rapid, although where a lengthy "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Malmesbury)to be in the office available at the end of the phone to exchange contracts.
I am helping my sister sell her house in Malmesbury. Does the solicitor order an energy performance certificate or do I organise this?
After the abolition of HIPs, energy assessments was left as a mandatory part of selling a house. An energy performance certificate must be to hand before the property is advertised. This is not a task that conveyancers normally organise. Where you are using a Malmesbury conveyancing practitioner they may be willing to arrange energy assessments due to their contacts with long established Malmesbury providers
My stepmother informed me that in purchasing a property in Malmesbury there may be a number of restrictions prohibiting external alterations to a property. Is this right?
There are anumerous of properties in Malmesbury which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Malmesbury should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
The mortgage over my property is with Nottingham for my property in Malmesbury. Conveyancing was finalised some time ago. In the event that I decide 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?
Your original mortgage agreement with Nottingham will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Nottingham’s mortgage conditions. It may be that Nottingham will allow you to rent 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. You need not do this via a Nottingham conveyancing panel firm.
I own a terraced Georgian property in Malmesbury. Conveyancing lawyer represented me and Chelsea Building Society. I did a free Land Registry search last week and I saw two entries: the first freehold, the second leasehold under the matching address. Is it worth asking Chelsea Building Society to clarify?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Malmesbury and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also enquire as to the position with the conveyancing solicitor who conducted the work.
I've recently found out that there is a flying freehold element on a property I put an offer in last month in what should have been a straight forward, chain free conveyancing. Malmesbury is the location of the property. Can you offer any advice?
Flying freeholds in Malmesbury are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Malmesbury you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Malmesbury may determine 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 was pointed in your direction by numerous selling agents in Malmesbury to choose a conveyancer using your seach tool. Is there a financial inducement for Estate Agents to promote your site ahead of another?
We don’t give any commission for pointing buyers and sellers to this site. We thought it would be too underhand a fee as members of the public would think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
I am thinking of appointing a conveyancing practitioner in Malmesbury for my sale. Is it possible to check a firm’s record with the profession’s regulator?
Anyone can see presented Solicitor Regulator Association (SRA) decisions stemming from inquisitions from 2008 onwards. Go to Check a solicitor's record. For information about the period before 1 January 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The regulator may recorded telephone calls for training reasons.