My partner and I are hoping to acquire a property in Pitstone and are in fact using a Pitstone conveyancing firm. Within the past 48 hours our lawyer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Britannia have this evening contacted us to inform me that they have now hit a problem as our Pitstone lawyer is not on their approved list of lawyers. Is this a problem?
When purchasing a property with the benefit of a mortgage it is conventional for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Pitstone solicitors, in which case it will likely add costs, and it may delay matters as you have another set of people involved.
My partner and I are downsizing from our property in Pitstone and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know this is not the case. It does beg the question why the purchasers instructed a factory type conveyancing practice as opposed to a conveyancing solicitor in Pitstone. We have lived in Pitstone for 5 years we know of no issue. Should we get in touch with our local Authority to get confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer currently acting for you. Are they able to advise? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
I used Action Conveyancing a few years ago for my conveyancing in Pitstone. Now, I need my documents but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Pitstone of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
How does conveyancing in Pitstone differ for newly converted properties?
Most buyers of new build residence in Pitstone come to us having been asked by the developer to exchange contracts and commit to the purchase even before the premises is finished. This is because developers in Pitstone usually purchase 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 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 Pitstone or who has acted in the same development.
My wife and I may need to rent out our Pitstone 1st floor flat for a while due to taking a sabbatical. We instructed a Pitstone conveyancing firm in 2004 but they have closed and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Some leases for properties in Pitstone do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review references. Experience dictates that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
Leasehold Conveyancing in Pitstone - Sample of Questions you should ask before Purchasing
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How much is the service charge and ground rent on the apartment? How many years remain on the lease? Plenty Pitstone leasehold flats will incur a service charge for maintenance of the building levied by the landlord. Where you purchase the property you will have to meet this contribution, normally quarterly throughout the year. This can differ from a few hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a ground rent to be met annual, this is usually not a large figure, say around £25-£75 but you need to check as on occasion it could be many hundreds of pounds.
I am due to assess estimates for conveyancing in Pitstone from three solicitor and appoint one. Do I instruct them to sit tight until I a suitable house to buy.
You should wait to request your conveyancing practitioner to open a file and apply for searches after the sales memorandum has been issued by the estate agent particularly as Pitstone conveyancing searches are not inexpensive.