Completed the sale of my flat in Melbourne last September but my buyer keeps texting me complaining that her lawyer needs to hear from mysolicitor. What are the post completion sale formalities now that I have sold?
Following your sale your solicitor is duty bound to deliver the transfer deeds and all of the paperwork to the purchaser's conveyancer. Depending on the transaction, your solicitor should also evidence that the home loan has been redeemed to the purchasers conveyancers. There are no post completion steps unique to conveyancing in Melbourne.
Will my conveyancing lawyers need to check that the building insurance when buying a house in Melbourne. My lender is Platform
Platform have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 24/11/2023, the requirements read as follows :
My husband and I have organised the release of further funds on our home loan from Barclays as we want to carry out renovations to our home in Melbourne. Do we need to select a bricks and mortar Melbourne solicitor on the Barclays conveyancing panel to handle the paperwork?
Barclays don't usually appoint a member of their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Barclays panel.
I can not work out if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Melbourne bank branch on a couple of occasions and was told they are content with the situation and they would lend. My Melbourne conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they refuse to lend based on their published requirements. Who do I believe?
Provided that the solicitor is on the mortgage company approved list, they must comply with the CML Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
About to purchase house in Melbourne. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Clydesdale conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Melbourne solicitor is on the Clydesdale conveyancing panel.
Are there restrictive covenants that are commonly identified as part of conveyancing in Melbourne?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Melbourne. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
About to purchase a new build apartment in Melbourne. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Melbourne
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply a car parking plan.
I opted to have a survey completed on a property in Melbourne in advance of appointing solicitors. I have been advised that there is a flying freehold element to the house. My surveyor advised that some mortgage companies may not give a loan on such a property.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. Should you wish to telephone us we can check via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Melbourne. Conveyancing will be smoother if you use a solicitor in Melbourne especially if they are accustomed to such properties in Melbourne.