As I am unsure how the conveyancing process works what is the most important number one tip you can impart regarding purchase conveyancing in Northwich?
You may not hear this from too many lawyers but conveyancing in Northwich and elsewhere in England and Wales is an adversarial experience. In other words, when it comes to conveyancing there exists plenty of room for confrontation between you and other parties involved in the transaction. E.g., the seller, estate agent and even potentially a mortgage company. Appointing a law firm for your conveyancing in Northwich should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the legal process whose interest is to look after your best interests and to protect you.
We are witnessing a worrying increase in the "blame" culture- someone has to be blamed for the process taking so long. You your first instinct should be to trust your solicitor ahead of all other parties in the home moving process.
What does a local search tell me regarding the property I am buying in Northwich?
Northwich conveyancing often starts with the submitting local authority searches directly from your local Authority or through a personal search company for instance Searchflow The local search plays a central part in many a Northwich conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search will provide information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic sections.
How does conveyancing in Northwich differ for new build properties?
Most buyers of new build or newly converted property in Northwich contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is built. This is because developers in Northwich tend to purchase 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 property lawyers 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 used to new build conveyancing in Northwich or who has acted in the same development.
Over the last few months I have been searching for a flat up to £195,000 and identified one round the corner in Northwich I like with a park and station nearby, the downside is that it only has 49 remaining years left on the lease. I can't really find anything else in Northwich suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
Should you need a mortgage the remaining unexpired lease term will likely be problematic. Discount the price by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for a minimum of 2 years you may ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should consult your conveyancing lawyer regarding this matter.
Last September I purchased a leasehold house in Northwich. Am I liable to pay service charges relating to a period prior to completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Northwich - Examples of Queries before Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments? The prefered form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this arrangement the lessees enjoy control and even though a managing agent is usually retained if it is bigger than a house conversion, the managing agent retained by the leaseholders. The answer will be helpful as a) areas can cause problems in the building as the communal areas may start to deteriorate if maintenance remain unpaid b) if the leaseholders have an issue with the managing agents you will need to have full disclosure
How easy is it to change a solicitor as I need to find a Northwich based one who is on the lender conveyancing panel. Is it advisable to appoint a new law firm?
If you haven't yet appointed a solicitor to do anything for you and have just received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Northwich that you're thinking of instructing.