Our lawyer has uncovered a a problem with the lease for the apartment we are buying in Smithfield. The other side have suggested defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer says that he must be satisfied that the lender is willing to move forward with this solution. Who is the client here, us or the lender?
Even though you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the lender are the client. These conveyancing instructions have to be complied with.
Have just purchased a probate house at auction in Smithfield. Conveyancing is required. What is next?
Now that you are exchanged you should instruct a conveyancing practitioner as a matter of urgency as you now have a tight deadline in which to complete the purchase. All auction property will ordinarily have a corresponding legal set of papers. This will likely include the copy title deeds, local authority and drainage searches. In the case of leasehold property the auction papers may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to leasehold premises. You should give this to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that you have funds organised to complete on the date specified in the contract.
We previously chose conveyancers locally in Smithfield on the Leeds Building Society solicitor panel. They have just invoiced me an additional charge for dealing with the Leeds Building Society mortgage. Is this a supplemental conveyancing fee set by Leeds Building Society?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer is entitled to levy a fee for this. The fee is not dictated by Leeds Building Society but by your Smithfield conveyancing practitioner. Some firms on the Leeds Building Society panel will charge an ‘acting for lender’ fee and others do not.
I recently had an offer accepted on a house in Smithfield. My financial adviser recommended their conveyancers. I paid an upfront payment of £225. A couple of days later, the conveyancer called me to say that they were not on the Nationwide conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nationwide panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my lawyer be making enquiries concerning flooding as part of the conveyancing in Smithfield.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Smithfield. There are those who purchase a house in Smithfield, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, but there are a various searches that can be undertaken by the buyer or by their solicitors which will give them a better understanding of the risks in Smithfield. The conventional set of information given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to discover whether the property has ever been flooded. In the event that the residence has been flooded in past and is not revealed by the seller, then a purchaser may bring a legal claim for losses as a result of such an misleading reply. The purchaser’s conveyancers should also conduct an environmental search. This should reveal whether there is a recorded flood risk. If so, further investigations will need to be initiated.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Smithfield is the location of the property. What do you suggest?
Flying freeholds in Smithfield are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Smithfield you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Smithfield may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
I am in need of some leasehold conveyancing in Smithfield. Before diving in I would like to find out the remaining lease term.
If the lease is registered - and most are in Smithfield - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Smithfield Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
It would be wise to discover as much as possible regarding the managing agents as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day issues like the upkeep of the common parts. Ask prospective neighbours if they are happy with them. In conclusion, investigate as to the dates that the maintenance fees are due to the managing agents and specifically how they are spending the funds. What prohibitions are there in the Smithfield Lease? What is the name of the managing agents?
A couple of months ago I was advised by my lender that their approved lawyers work on no sale no charge basis for conveyancing in Smithfield. My purchase fell through and now the solicitors want search fees! They are claiming that the fees are nothing to do with their fees!
Smithfield conveyancing search fees are disbursements not legal costs as these are payable to a third party.