Please explain the implications if my lawyer’s firm is expelled from the Barclays Conveyancing panel ahead of completing my conveyancing in Scarborough?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
We are purchasing a house in Scarborough. I might seem paranoid but how we can trust a lawyer? At some point we have to send our life savings into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
We were going to get a AIP from Barclays this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Barclays recommend any Scarborough solicitors on the Barclays conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Scarborough solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.
My fiancee and I are in the process of viewing apartments in Scarborough and I am about to put in an offer. Should I already have a property lawyer in place at this point? I am planning to take a home loan with Coventry BS.
It would be sensible to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are taking out a mortgage with Coventry BS, make sure you remember to check that your lawyer is on the Coventry BS conveyancing panel.
I have a 4 bedroom Victorian house in Scarborough. Conveyancing practitioner represented me and Birmingham Midshires. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, the second leasehold under the exact same property. I thought I was buying a freehold how can I check?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Scarborough and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing lawyer who conducted the conveyancing.
I opted to have a survey done on a property in Scarborough in advance of appointing lawyers. I have been advised that there is a flying freehold overhang to the house. My surveyor has said that some lenders will not give a loan on a flying freehold property.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Scarborough. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Scarborough to see if the conveyancing will be more expensive.
How straightforward is it to use your search app to choose a conveyancing solicitor in Scarborough on the panel for my lender?
First select a bank such as National Westminster Bank, The Royal Bank of Scotland or Clydesdale then specify your location a common one being Scarborough. Conveyancing firms in Scarborough and across England and Wales should be listed.
Can you offer any advice when it comes to finding a Scarborough conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Scarborough conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with two or three firms including non Scarborough conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be useful:
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What volume of lease extensions have they completed in Scarborough in the last twenty four months? What are the legal fees for lease extension work?
Scarborough Leasehold Conveyancing - A selection of Queries Prior to Purchasing
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The answer will be helpful as a) areas may result in problems for the building as the common areas may begin to deteriorate where services remain unpaid b) if the leasehold owners have a dispute with the managing agents you will need to know about it How long is the Lease?