We are nearing an exchange on a flat in Tilbury and my parents have transferred the exchange deposit to my property lawyer. I am now advised that as the deposit has not arrived from me my conveyancing practitioner needs to disclose this to my mortgage company. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is not just from me. I disclosed to the bank about my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?
The solicitor is obliged to check with lender to make sure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only notify this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
I have an AIP. The bank mentioned the loan came with free conveyancing. Does this mean I have to use their panel conveyancer as I would much rather instruct a Tilbury based conveyancing firm?
You should check but the chances are that appoint one of their panel lawyers if you take up the "fee-free" offer. Speak to the bank to check if they offer you a monetary alternative. In the past a few lenders offered a £250 cashback as a further option in which case that money can go towards your preferred conveyancing solicitor near Tilbury.
We are purchasing a flat in Tilbury. It might be a silly question but how we can trust a conveyancer? On completion day we have to put money into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I have been told by my conveyancer that lack of right of way insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Tilbury?
The appropriate level of lack of right of way indemnity insurance should be dictated by who who your lender is. It would differ for example between Halifax and Coventry Building Society. Conveyancing lawyers as opposed to members of the public take out such policies.
I am currently in the process of buying my council flat in Tilbury. I have a mortgage offer with Aldermore. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Aldermore, you will need to appoint a solicitor on the Aldermore conveyancing panel.
I require quick conveyancing in Tilbury as I am faced with pressure to sign on the dotted line within one month. Luckily I do not need a mortgage. Can I avoid the conveyancing searches to save fees and time?
As you are are a mortgage free buyer you have the choice not to do searches although no solicitor would suggest that you don't. With lots of history conveyancing in Tilbury the following are instances of what can be revealed and therefore impact future saleability: Enforcement Actions, Outstanding Charges, Outstanding Grants, Railway Schemes,...
Just had an offer accepted on a new build flat in Tilbury. Conveyancing is daunting 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 is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Tilbury
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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.
My conveyancer in Tilbury has requested from me personal identification documents asserting that this forms part of his legal duty as a solicitor on the mortgage company Solicitor panel. This is news to me - can I refuse?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the lender. This is not unique to conveyancing in Tilbury