My wife and I are buying a 1 bedroom flat in Sevenoaks with a mortgage. We like our Sevenoaks conveyancer, however the bank says he's not on their "panel". We have to appoint one of the bank panel firms or continue with our Sevenoaks conveyancing practitioner as well as pay for one of their panel firms to act for them. This feels very unfair; can we not demand that the bank use our Sevenoaks lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Sevenoaks conveyancing solicitor to apply to be on the conveyancing panel.
I am buying a property for cash in Sevenoaks. I have resided for the last Seventeen years in Sevenoaks. Conveyancing searches are expensive. Given that I know the area and road very well should I not bother getting the solicitor to do all the conveyancing searches?
In the absence of a home loan, then all but one or two of the Sevenoaks conveyancing searches are optional. Your solicitor will try and steer you, no-doubt strongly, that you should have searches done, but he is duty bound to take that path of guidance. One thing to take into account; if you are likely to sell the house in the future, it will likely be be of importance to your prospective buyer what the searches contain. Sometimes properties with no practical issues can still reveal negative search results. A competent conveyancing solicitor in Sevenoaks should provide you some constructive advice concerning this.
Having sold my house in Sevenoaks last September but my buyer keeps e-mailing me to moan that her solicitor is waiting to hear from myconveyancer. What should have happened now that I have sold?
Post completion of your disposal your solicitor should forward the transfer documentation and all supplemental paperwork to the purchaser's conveyancer. Where appropriate, your solicitor must also confirm that the legal charge in favour of the lender has been repaid to the buyers conveyancers. There are no post completion tasks specific conveyancing in Sevenoaks.
I am helping my sister sell her house in Sevenoaks. Does the solicitor order the energy performance certificate or should I organise this?
Following the abolition of Home Information Packs, EPC’s was left as a mandatory part of selling a house. An energy assessment needs to be to hand prior to the property being placed on the market. This is not something that conveyancers normally arrange. If you are using a Sevenoaks conveyancing lawyer they may be willing to arrange EPC’s given their relationships with reputable Sevenoaks energy assessors
We are buying a detached bungalow in Sevenoaks. The intention is to an extension at the rear at the house.Will legal investigations on the property involve investigations to ascertain if these alterations were previously refused?
Your conveyancer should review the registered title as conveyancing in Sevenoaks can occasionally reveal restrictions in the title deeds which prohibit certain changes or require the consent of a 3rd party. Many additions call for local authority planning consent and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor ahead of any purchase.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Sevenoaks bank branch on a couple of occasions and was told it does not impact the mortgage offer and they would lend. My Sevenoaks conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Your lawyer has to comply with the CML Handbook section two specifications 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I used Action Conveyancing a few years past for my conveyancing in Sevenoaks. I now require my papers however the law firm has closed. 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 Sevenoaks 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.
I happen to be an executor of my recently deceased mother’s Will, with a property in Sevenoaks which will be marketed. The property is unregistered at HMLR and I'm advised that many EAs will insist that it is completed before they will proceed. What's the procedure for this?
In the circumstances you refer to it seems prudent to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.