I instructed a high street solicitor for our conveyancing in Southwold recently. Looking through the fine print I seewe are responsible for costs even if the sale aborts. Would I be best advised to choose a web based firm who offer no-sale-no-fee conveyancing in Southwold?
Generally there is a concession along the lines that if "No Completion No Fee" is available then the conveyancing charges will generally be uplifted to cover those transactions that fail to complete. Do bear in mind that such arrangements rarely protect you from disbursements such your Southwold conveyancing search fees.
Will our conveyancer be asking questions regarding flooding as part of the conveyancing in Southwold.
Flooding is a growing risk for conveyancers dealing with homes in Southwold. Plenty of people will purchase a house in Southwold, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, but there are a number of searches that may be undertaken by the purchaser or on a buyer’s behalf which can figure out the risks in Southwold. The standard property information forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the vendor to discover whether the property has suffered from flooding. If the residence has been flooded in past which is not revealed by the vendor, then a buyer may bring a claim for damages as a result of such an inaccurate response. A buyer’s solicitors will also conduct an environmental search. This should indicate if there is a recorded flood risk. If so, further investigations will need to be carried out.
I have a semi-detached Edwardian house in Southwold. Conveyancing solicitor represented me and Norwich and Peterborough Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You need to assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Southwold and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with your conveyancing solicitor who conducted the purchase.
I am buying a new build flat in Southwold. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Southwold
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
Do I need to be concerned that brokers that I am dealing with are encouraging me to use a nationwide conveyancing firm as opposed to a High Street Southwold conveyancing company?
As with many service providers, often referrals from connections can be worth their weight in gold. Yet there are many people with a keen interest in a conveyancing matter; estate agents, financial adviser and mortgage companies might all put forward solicitors to appoint. Sometimes these lawyers might be known to one of the organisations as experts in their field, but occasionally there may be a financial incentive behind the recommendation. You are free to select your preferred lawyer. However, bear in mind that the majority of lenders operate an approved list of law firms you must use for the mortgage related work in your house move.
The financial adviser has recommended their solicitor for my conveyancing in Southwold - Is it not simpler easier to just use them?
This is not necessarily the case and you are free to opt for whichever property lawyer of your choosing for your Southwold conveyancing. The conveyancing practitioner suggested by a 3rd party adviser may not necessarily be the best property lawyer, they may suggest their own conveyancing firm who are based remotely. In this instance you may not have contact with your conveyancer and due to the lack of continuity in the transaction, it may be difficult to obtain updates.