The vendors of the home we are purchasing have appointed a conveyancing firm in St Helier who has recommended a exclusivity contract with a non-refundable deposit two thousand pounds. Is it wise to enter into such agreements?
This form of agreement is unusual in St Helier, conveyancers will often try and steer clients away from them as they divert attention from the primary focus, namely conveyancing and if you end up having your deposit forfeited then the lawyer is left exposed. Secondly, there is no assurance that just because the proprietor has entered into a lock out contract they will sell to you. They may be inclined to break the agreement if they are offered a large enough financial inducement to do so because an aggrieved buyer with the benefit of a exclusivity agreement will still have to establish consequential losses from the breach and this may not compare to the extra amount that the owner may obtain by breaching the contract, no matter how morally reprehensible the behaviour is.
What is the first thing I need to know concerning purchase conveyancing in St Helier?
You may not hear this from too many lawyers but conveyancing in St Helier and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there exists an abundance of opportunity for confrontation between you and others involved in the ownership transfer. E.g., the vendor, property agent and sometimes a mortgage company. Choosing a solicitor for your conveyancing in St Helier should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the transaction whose interest is to look after your best interests and to protect you.
There is a distinct emergence of a "blame" culture- someone has to be at fault for the process being so protracted. You should always trust your solicitor above the other parties when it comes to the legal transfer of property.
About to purchase a new build flat in St Helier. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in St Helier
Please confirm the Lease plans are architect prepared. 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. 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. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.
I decided to have a survey done on a property in St Helier prior to retaining conveyancers. I have been advised that there is a flying freehold aspect to the house. The surveyor advised that some lenders will not issue a mortgage on such a house.
It depends who your proposed lender is. HSBC has different instructions for example to Birmingham Midshires. Should you wish to call us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in St Helier. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in St Helier to see if the conveyancing costs will increase in light of this.
I am looking for a conveyancing practitioner in St Helier for my home move. Can I review a firm’s complaints history with the legal regulator?
One can find documented Solicitor Regulator Association (SRA) decisions stemming from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find information Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The SRA may monitor call for training reasons.
My solicitors in St Helier have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the mortgage company. Is it case that being on the lender conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the lender Conveyancing Panel Terms. It might be worth you contacting the mortgage company directly.