Completed the sale of my flat in Rye last May yet the purchaser is whats apping every few hours to moan that her solicitor needs to hear from mine. What should have happened following completion?
After completion of your sale your lawyer should send the transfer documentation and all additional paperwork to the purchaser's lawyers. If applicable, your lawyer should also confirm that the legal charge in favour of the lender has been paid off to the purchasers lawyers. There are no post completion requirements peculiar conveyancing in Rye.
I am helping my niece sell her flat in Rye. Does the conveyancing solicitor arrange an energy assessment or do I organise this?
After the demise of Home Packs, energy assessments was retained a mandatory component of selling a property. An energy performance certificate should be to hand before the property is advertised. It is not a task that conveyancers normally arrange. Where you are using a Rye conveyancing lawyer they might help arrange energy performance certificates given their contacts with reputable local accredited person
I am buying a property in Rye. An unusual aspect is that the roof has a solar panel. Nationwide have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Nationwide your lawyer must follow the conveyancing instructions set out in Section two of UK Finance Lenders’ Handbook for Nationwide. The Council of Mortgage Lenders’ Handbook includes minimum specifications for solar panel roof-space leases, and conveyancing practitioners are required to report to Nationwide where a lease fails to comply with these specifications. The requirements relate to the installation of panels on properties nationwide and is not limited to Rye.
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Rye building society branch on numerous occasions and was told it does not affect the mortgage offer and they would lend. My Rye conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they will not lend based on their published requirements. I have no idea who is right.
Your property lawyer must follow the CML Handbook section two provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Should my solicitor be raising questions concerning flooding as part of the conveyancing in Rye.
Flooding is a growing risk for solicitors dealing with homes in Rye. Some people will acquire a house in Rye, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, however there are a numerous searches that can be initiated by the buyer or by their solicitors which should give them a better appreciation of the risks in Rye. The standard completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the seller to discover whether the property has suffered from flooding. If flooding has previously occurred and is not revealed by the owner, then a buyer could bring a legal claim for losses resulting from an incorrect reply. The buyer’s solicitors may also conduct an enviro search. This will disclose whether there is any known flood risk. If so, additional inquiries should be carried out.
How does conveyancing in Rye differ for new build properties?
Most buyers of new build or newly converted property in Rye come to us having been asked by the developer to sign contracts and commit to the purchase even before the property is completed. This is because developers in Rye tend to 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 conveyancers 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 Rye or who has acted in the same development.
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My partner has suggested that I appoint his conveyancing solicitors in Rye. Should I use them?
Much as we are happy to recommend a Rye conveyancing lawyer the ideal way to find a conveyancing lawyer is to have feedback from friends or relatives who have previously instructed the conveyancer that you are are thinking of instructing.