Are the BSA planning on creating a searchable register to list solicitors on the Coventry BS conveyancing panel for example in Oxford?
We have not been informed any intention on the part of the BSA to develop such a register.
I am helping my aunt sell her flat in Oxford. Will the conveyancer commission an energy assessment or it is for me to coordinate?
Following the demise of HIPs, EPC’s remained a required component of selling a house. An energy performance certificate should be commissioned before the property is advertised. It is not a task that solicitors ordinarily organise. Where you are instructing a Oxford conveyancing solicitor they might be willing to arrange EPC’s given their contacts with reputable Oxford assessors
I just bought a property at auction in Oxford. Conveyancing is required. What are my next steps?
Having legally committed yourself to purchase you now have to appoint a conveyancing practitioner quickly as you will have a tight a fixed date to complete the property. An auction property should have an associated auction set of papers. This will likely include the copy title deeds, local authority and drainage searches. If you have purchased leasehold premises the auction papers may provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You should give this to your appointed conveyancing solicitor ASAP. Do make sure that that you have the requisite funding in order to complete the transaction on the set completion date.
I am currently in the process of buying my council flat in Oxford. I have a mortgage offer with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Should my conveyancer be raising questions about flooding during the conveyancing in Oxford.
The risk of flooding is if increasing concern for solicitors carrying out conveyancing in Oxford. There are those who buy a house in Oxford, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, however there are a numerous checks that may be undertaken by the purchaser or on a buyer’s behalf which should figure out the risks in Oxford. The conventional set of information supplied to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the seller to find out if the property has suffered from flooding. If flooding has previously occurred and is not disclosed by the seller, then a buyer may bring a compensation claim stemming from an inaccurate reply. A buyer’s lawyers may also carry out an environmental search. This will indicate whether there is any known flood risk. If so, more detailed investigations will need to be carried out.
It has been three months since my purchase conveyancing in Oxford took place. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £170,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Oxford. 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 few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Oxford
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Please confirm the Lease plans are surveyor prepared. 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. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Can you provide any top tips for leasehold conveyancing in Oxford with the aim of expediting the sale process?
- Much of the delay in leasehold conveyancing in Oxford can be reduced if you appoint lawyers the minute you market your property and ask them to collate the leasehold information needed by the buyers’ lawyers. You believe that you know the number of years remaining on your lease but you should double-check via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 80 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale. If there is a history of conflict with your freeholder or managing agents it is essential that these are settled before the property is marketed. The buyers and their solicitors will be warry about purchasing a flat where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as over rather than unsettled. If you hold a share in a the freehold, you should ensure that you are holding the original share certificate. Organising a replacement share certificate can be a lengthy formality and slows down many a Oxford home move. If a new share is required, you should approach the company officers or managing agents (if applicable) for this sooner rather than later.
Oxford Leasehold Conveyancing - Examples of Questions you should consider Prior to Purchasing
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How many of the leaseholders are in arrears for their maintenance charge payments? Are there any major works anticipated that will add a premium to the maintenance charges?