My lawyer in Sandy is not listed on the Barclays Conveyancing Panel. Can I still retain my family solicitor notwithstanding that they are excluded from the Barclays panel of approved conveyancing solicitors?
Your options are as follows:
- Complete the purchase with your existing Sandy lawyers but Barclays will need to use a conveyancer on their list of acceptable firms. This will inevitably rack up the total conveyancing charges and cause delays.
- Find an alternative lawyer to act in the purchase, remembering to check they are on the Barclays panel
We are due to move property in January. Does my conveyancing solicitor communicate with the removal company on the completion day. Incidentally, can you put forward a removal company in Sandy. Conveyancing solicitor was organised prior to coming across this site.
On the day of completion you can pick up the house keys from your selling agent however this should only happen after the vendors conveyancers inform the agent that they have the completion monies and the keys can be passed over. After that you should inform the removal company that you are ready to move in. We are not in a position to suggest a specific removal company but can assist you in choosing a residential property solicitor in Sandy or a legal practice that specialises in conveyancing in Sandy.
I have paid off my mortgage with Co-operative. I assume I don't need a Sandy solicitor on the Co-operative panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
It is unclear whether my bank requires a lease extension. I have called into my local Sandy building society branch on numerous occasions and was informed it wasn't a problem and they would lend. My Sandy conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they will not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Your conveyancer has to follow the CML Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the bank 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
Should our solicitor be asking questions concerning flooding as part of the conveyancing in Sandy.
Flooding is a growing risk for conveyancers dealing with homes in Sandy. Plenty of people will acquire a property in Sandy, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to impart advice on flood risk, however there are a number of checks that can be carried out by the buyer or on a buyer’s behalf which can figure out the risks in Sandy. The conventional set of property information forms sent to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard question of the owner to determine if the premises has suffered from flooding. If the residence has been flooded in past which is not notified by the vendor, then a buyer could bring a compensation claim as a result of such an inaccurate reply. A buyer’s lawyers should also order an enviro search. This will reveal whether there is a recorded flood risk. If so, more detailed inquiries should be made.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Sandy?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Sandy. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Sandy differ for newly converted properties?
Most buyers of new build property in Sandy come to us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because developers in Sandy usually buy the land, 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 Sandy or who has acted in the same development.
I have been pointed in your direction by a few estate agents in Sandy to choose a solicitor on your site. Is there a financial advantage for Estate Agents to promote your lawyers rather than a competitor’s?
We don’t offer any commission for sending work to this site. We found it would be just too difficult to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ So we decided to step away from that.