Why do I have to pay up front when it comes to conveyancing in Melbourne?
If you are buying a property in Melbourne your solicitor will ask you to provide them with monies to cover the the cost of the conveyancing searches. This will be the total of the cost of the conveyancing searches. If any deposit is payable against the total price then this will be asked for shortly in advance of contracts are exchanged. The final balance that is needed should be transferred shortly before completion.
My property lawyer in Melbourne is not on the Santander Solicitor Panel. Can I still continue with my family solicitor even though they are not on the Santander approved list?
The limited options open to you here include:
- Complete the purchase with your existing Melbourne lawyers but Santander will need to use a solicitor on their panel. This will result in additional total legal fees as well as result in delays.
- Get an alternative solicitor to to deal with the conveyancing, obviously checking they are on the Santander panel
Me and my partner are buying a property in Melbourne. It might be a silly question but how we can trust a solicitor? At some point we have to deposit funds into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am buying a 4 bedroom semi-detached house in Melbourne. The intention is to convert the garage to an office at the property.Will legal work on the property involve checks to see if these works are allowed?
Your property lawyer will review the deeds as conveyancing in Melbourne can sometimes reveal restrictions in the title deeds which restrict categories of changes or necessitated the consent of another owner. Certain additions call for local authority planning permissions and approval in compliance with building regulations. Certain locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be prudent to check these things with a surveyor prior to committing yourself to a purchase.
I am due to exchange contracts on my flat. I had a double glazing fitted in April 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Aldermore are being a right pain. The Melbourne solicitor who is on the Aldermore conveyancing panel is saying indemnity insurance will be fine but Aldermore are insisting on a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My colleague advised me that if I am purchasing in Melbourne I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is sometimes included in the estimate for your Melbourne conveyancing searches. It is not a small document of about 40 pages, listing and setting out significant information about Melbourne around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Melbourne Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average Property Price, Crime statistics, Melbourne Education with maps and statistics, Local Amenities and other useful data regarding Melbourne.
How does conveyancing in Melbourne differ for new build properties?
Most buyers of new build or newly converted property in Melbourne come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is completed. This is because developers in Melbourne typically buy 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 accustomed to new build conveyancing in Melbourne or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a property in Melbourne in advance of appointing conveyancers. I have been told that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies tend refuse to issue a loan on this type of property.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you contact us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Melbourne. Conveyancing may be slightly more expensive based on your lender's requirements.