I selected a St Helier based firm for our conveyancing in St Helier last week. Reviewing the Terms I noteI am on the hook for charges even if the dealdoes not happen. Would I be best advised to use an on-line conveyancing brokerage promising no completion no charge conveyancing in St Helier?
It is usually a trade off in that if "No Sale No Fee" is available then the conveyancing charges will tend to be be uplifted to neutralise the transactions that do not proceed. Also remember that such promotions tend not to cover expenses for example St Helier conveyancing search charges.
Our conveyancer has identified a a legal deficiency with the lease for the flat we are purchasing in St Helier. The other side have put forward title insurance as a workaround. We are content with insurance and will cover the costs. Our solicitor says that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?
Even though you have a mortgage offer from the bank does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
My Conveyancer in St Helier has never been on on the Halifax Solicitor Panel. Can I still use my family solicitor even though they are excluded from the Halifax panel of approved conveyancing solicitors?
The limited options available to you here include:
- Complete the purchase with your existing St Helier solicitors but Halifax will need to instruct a conveyancer on their panel. This will result in additional overall legal fees as well as cause delays.
- Choose a new solicitor to to deal with the conveyancing, obviously checking they are Halifax approved.
- Try to convince your Halifax solicitor to attempt to join the Halifax panel
I decided to have a survey carried out on a property in St Helier before appointing conveyancers. I have been advised that there is a flying freehold element to the house. My surveyor advised that some lenders will not grant a loan on a flying freehold home.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Nationwide. If you call us we can investigate further with the relevant lender. 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 will be smoother if you use a solicitor in St Helier especially if they regularly deal with such properties in St Helier.
Should I be suspicious by estate agents that I am dealing with are encouraging me to use a national conveyancing firm as opposed to a High Street St Helier conveyancing practice?
As is the case with many professional services, often input from family and friends can be worth their weight in gold. But there are many parties with a keen interest in a conveyancing matter; estate agents, financial adviser and lenders may suggest lawyers to instruct. On occasion the solicitors might be known to one of the organisations as experts in their field, but occasionally there is an underlying commercial relationship behind the endorsement. You have the right to appoint your preferred lawyer. Don't forget that the majority of lenders have an approved list of conveyancers you have to use for the lender related work in your transaction.
What are your top tips when it comes to appointing a St Helier conveyancing practice to carry out our lease extension conveyancing?
When appointing a solicitor for your lease extension (regardless if they are a St Helier conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We recommend that you speak with two or three firms including non St Helier conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be useful:
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What are the charges for lease extension conveyancing? How many lease extensions has the firm conducted in St Helier in the last twenty four months?
Having spent months of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in St Helier. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Absolutely. We can put you in touch with a St Helier conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a St Helier property is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case affected 2 flats. The remaining number of years on the lease was 66.67 years.