My husband and I are planning to buy a flat in Shoeburyness and have instructed a Shoeburyness conveyancing firm. Within the past 48 hours our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Barclays have this afternoon contacted us to advise us that there is now an issue as our Shoeburyness lawyer is not on their approved list of lawyers. What do we do from here?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Shoeburyness lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
Should my lawyer be making enquiries about flooding as part of the conveyancing in Shoeburyness.
Flooding is a growing risk for conveyancers dealing with homes in Shoeburyness. Some people will purchase a property in Shoeburyness, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, but there are a various searches that may be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Shoeburyness. The conventional set of completed inquiry forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to discover if the property has historically flooded. If flooding has previously occurred and is not disclosed by the owner, then a purchaser could commence a compensation claim stemming from an misleading response. A purchaser’s conveyancers will also carry out an enviro report. This should higlight whether there is any known flood risk. If so, further investigations should be made.
I have todaybeen informed that Arc property Solicitors have been shut down. They conducted my conveyancing in Shoeburyness for a purchase of a leasehold flat 9 months ago. How can I be sure that the property is not still registered in the name of the former proprietor?
The quickest way to see if the premises is in your name, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Shoeburyness conveyancing specialists.
Over the last few months I have been searching for a ground for flat up to £305k and identified one round the corner in Shoeburyness I like with amenity areas and railway links nearby, however it only has 51 years unexpired on the lease. There is not much else in Shoeburyness for this price, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you require a mortgage that many years may be an issue. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the property for at least twenty four months you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer regarding this matter.
I am 3 weeks into a leasehold purchase having been directed to solicitors by the selling agent to execute conveyancing in Shoeburyness. I am am extremely frustrated with the level of service. Could you help me find new solicitors?
A lawyer would need to be really poor to suggest changing them. Has your mortgage offer been sent? If so you will need to make them aware of the new contact details and have the mortgage documents are issued to the new lawyers. Your solicitor ideally needs to be on the lenders approved list to avoid added expenses and delays. So that should be your first question of the new lawyers. Our search tool will assist you in finding a bank approved solicitor for your home move in Shoeburyness
Planning to sign contracts shortly on a studio apartment in Shoeburyness. Conveyancing solicitors inform me that they report fully tomorrow. What should I be looking out for?
The report on title for your leasehold conveyancing in Shoeburyness should include some of the following:
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You should have a good understanding of the building insurance provisions Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? What you can do if an adjoining owner is in violation of a provision in their lease? Information concerning the obligations as set out in the lease to pay service charges - in respect of the block, and the more general rights a leaseholder has Where does the liability rest for repairing the window frames
Shoeburyness Leasehold Conveyancing - Examples of Queries Prior to Purchasing
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Make sure you investigate if there are any onerous prohibitions in the lease. For example it is very common in Shoeburyness leases that pets are not allowed in in a block in Shoeburyness. If you like the apartmentin Shoeburyness but your cat is not allowed to make the move with you then you will be faced hard determination. What is the name of the managing agents? How much is the annual service fee and ground rent?