The sellers of the house we are purchasing are using a conveyancing practitioner in Tunstall who has suggested a preliminary agreement with a non-refundable deposit 10k. Is it wise to enter into such agreements?
There are a couple of main downsides with entering into any lock out agreement (also known as an exclusivity agreement) is that it diverts attention away from moving forward with the conveyancing process, so unless it requires limited or no negotiation then it may transpire to be a cause of frustration and delay. It is not strongly advocated by Tunstall conveyancing solicitors as a result. The other main concern is the extent of the remedies available - a jilted buyer is very unlikely to win an injunctive ruling by a court to stop the seller completing the sale to another buyer, so the only remedy available under the contract will be the recovery of abortive costs and, in restricted scenarios, the extra payment of damages.
We are getting a further advance on our mortgage from Virgin Money as we wish to carry out improvements to our property in Tunstall. Do we need to choose a high street Tunstall solicitor on the Virgin Money conveyancing panel to handle the legals?
Virgin Money do not ordinarily appoint a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Virgin Money conveyancing panel.
I have today made my last payment due on my mortgage with Kent Reliance. I assume I don't need a Tunstall solicitor on the Kent Reliance panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Kent Reliance mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Kent Reliance mortgage from the register. Kent Reliance, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Tunstall solicitor - who is on the Yorkshire BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Tunstall surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
What can a local search tell me about the property my wife and I buying in Tunstall?
Tunstall conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company for example PSG The local search is essential in every Tunstall conveyancing purchase; that is if you wish to avoid any unpleasant once you have moved into your property. The search will reveal information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject headings.
Just had an offer accepted on a new build apartment in Tunstall. 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.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Tunstall
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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 supply a car parking plan. There must be mutual enforceability of lessee’s covenants. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
I am thinking of appointing a conveyancing practitioner in Tunstall for my remortgage. Can I check a solicitor's complaints history with the profession’s regulator?
Members of the public can see documented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Visit Check a solicitor's record. For records about the period before 1 January 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. International callers, use +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training purposes.
Are Tunstall conveyancing solicitors under an obligation to the Law Society to publish clear conveyancing figures?
Inbuilt into the Solicitors Code of Conduct are specific rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their fees to clients.The Law Society have a practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not to be interpreted as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, represent the Law Society’s perspective of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Tunstall or or elsewhere in the country.