I am progressing with the sale of my home in Quorn and the estate agent has just e-mailed to say that the buyers are appointing a new conveyancer. The excuse is that the bank will only engage with solicitors on their approved list. On what basis would a leading mortgage company only deal with specific law firms rather the firm that they want to choose to handle their conveyancing in Quorn ?
Mortgage companies have always had panels of law firms that can act for them, but in the last few years big names such as Santander, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have represented them for more than 15 years.
Lending institutions point to the increase in fraud by way of justification for the reduction – criteria have been stiffened as a smaller panel is easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are not going to have any sway in the decision.
As a novice what is the most important advice you can impart concerning purchase conveyancing in Quorn?
Not many law firms or advisers will tell you this but conveyancing in Quorn and elsewhere in Leicestershire is an adversarial process. In other words, when it comes to conveyancing there is lots of room for friction between you and other parties involved in the transaction. For instance, the vendor, estate agent and sometimes the lender. Appointing a solicitor for your conveyancing in Quorn should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to act in your best interests and to keep you safe.
We are witnessing a worrying ongoing adversarial element to conveyancing- someone must be at fault for the process being so protracted. You should always trust your lawyer above the other parties in the home moving process.
Should our conveyancer be asking questions concerning flooding as part of the conveyancing in Quorn.
Flooding is a growing risk for lawyers dealing with homes in Quorn. There are those who purchase a property in Quorn, fully aware that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, but there are a various searches that can be initiated by the buyer or by their solicitors which should figure out the risks in Quorn. The standard completed inquiry forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard question of the seller to discover whether the property has suffered from flooding. If flooding has previously occurred and is not notified by the seller, then a purchaser may issue a claim for damages resulting from an inaccurate answer. A buyer’s conveyancers should also order an enviro report. This should disclose if there is a recorded flood risk. If so, further inquiries will need to be conducted.
I used Wolstenholmes several years past for my conveyancing in Quorn. Now, I need the documents but the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down 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 Quorn of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Quorn. 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 is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Quorn
Forfeiture - bankruptcy or liquidation must not apply under this provision. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please supply a car parking plan.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a straight forward, chain free conveyancing. Quorn is the location of the property. Can you offer any opinion?
Flying freeholds in Quorn are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Quorn you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Quorn 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 premises.