Finally the sale completed on my house in Oakdale last January but our buyer keeps calling me to moan that her solicitor needs to hear from mine. What are the post completion sale formalities following completion?
Following your disposal your lawyer is obliged to forward the transfer documentation and all supplemental paperwork to the buyer’s solicitors. If applicable, your solicitor should also evidence that the home loan has been discharged to the purchasers solicitors. There are no post completion procedures unique to conveyancing in Oakdale.
Me and my partner are buying a flat in Oakdale. It might be a silly question but how we can trust a lawyer? On completion day we have to deposit our life savings 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.
We are buying a detached bungalow in Oakdale. We would like to convert the garage to an office at the property.Will the conveyancing process involve investigations to ascertain if these alterations are permitted?
Your solicitor will review the registered title as conveyancing in Oakdale can sometimes identify restrictions in the title documents which prevent certain alterations or need the consent of another owner. Many works require local authority planning permissions and approval in accordance building regulations. Certain areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these issues with a surveyor prior to committing yourself to a purchase.
We previously selected solicitors based in Oakdale on the Santander solicitor approved list. They have just billed me a further charge for handling the Santander mortgage. Is this a supplemental conveyancing fee specified by Santander?
Provided it is contained in their Terms of Engagement or estimate then yes your lawyer can charge a fee for this. This charge is not set by Santander but by your Oakdale conveyancer. Plenty of firms on the Santander panel will levy an ‘acting for lender’ fee but some firms include it on their overall fee.
How does conveyancing in Oakdale differ for newly converted properties?
Most buyers of new build or newly converted property in Oakdale approach us having been asked by the seller to sign contracts and commit to the purchase even before the property is ready to move into. This is because developers in Oakdale tend to buy the site, 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 conveyancing solicitors 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 Oakdale or who has acted in the same development.
I've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a simple, chain free conveyancing. Oakdale is where the house is located. Can you offer any guidance?
Flying freeholds in Oakdale are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Oakdale you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Oakdale may ascertain 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 residence.
As co-executor for the will of my grandfather I am disposing of a property in Swansea but I am based in Oakdale. My lawyer (based 200 miles from mehas requested that I execute a statutory declaration prior to completion. Can you recommend a conveyancing solicitor in Oakdale to attest this legal document for me?
Technically speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are Oakdale based
Our conveyancer in Oakdale has identified a a legal deficiency with the lease for the property we are purchasing in Oakdale. The seller’s lawyers have put forward title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor says that as he is on the bank conveyancing panel he must be satisfied that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the lender approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected . Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.