We are buying a newly constructed duplex in New Forest and my conveyancer is informing me that she is duty bound to the lender to reveal incentives from the developer. I am under pressure to exchange and my preference is not to delay the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
What does my ID and proof of funds have anything to do with my conveyancing in New Forest? What am I being asked for?
To satisfy the Money Laundering Regulations any New Forest conveyancing firm will require evidence of your identity in all conveyancing transactions. This is normally dealt with by provision of a passport and an original bank statement or utility bill showing where you live.
In accordance with Money Laundering Regulations, conveyancing solicitors are obliged by law to validate not simply the identity of conveyancing clients but also the origin of fund that they receive in respect of any matter. Refusal to disclose this may result in your lawyer ending their relationship with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.
Your property lawyers will have an obligation to inform the relevant authorities should they consider that any amounts received by them may contravene the Money Laundering Regulations.
I am assisting my sister sell her house in New Forest. Will the solicitor commission the energy assessment or it is for the owner to coordinate?
After the abolition of Home Information Packs, EPC’s was maintained a compulsory component of selling a property. An energy performance certificate should be to hand prior to the property being marketed. It is not as aspect of the sale process that lawyers normally organise. Where you are instructing a New Forest conveyancing solicitor they may be willing to arrange EPC’s due to their relationships with long established local assessors
Can I be sure that the New Forest conveyancing solicitor on the Aldermore panel is any good?
When it comes to conveyancing in New Forest seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always suggest that you speak with the lawyer conducting your conveyancing.
I have instructed a New Forest solicitor having checked that they are on the Nationwide conveyancing panel. Does my lawyer arrange the survey of the property?
Nationwide will need an independent valuation of the property. Your lawyer will not arrange this. Usually Nationwide 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 conveyancing practitioner 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 New Forest postcode. As you are getting a mortgage with Nationwide, you could contact them to see if they have a list of approved surveyors in New Forest.
Various web forums that I have frequented warn that are the primary reason for stalling in New Forest conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances in the conveyancing process. Searches are not likely to feature in any holding up conveyancing in New Forest.
I am buying a new build apartment in New Forest. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in New Forest
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There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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.
What are my options where I am dissatisfied with the conveyancer who did our conveyancing in New Forest?
We live in an imperfect world, and is is a fact of life that every so often things do go wrong. However there is recourse if you were not happy with your conveyancing in New Forest. This varies from trying to resolve matters directly with them, through to reporting a conveyancer to their governing body. If you remain aggrieved you may consider enlisting the help of the Legal Ombudsman.