My son is about to exchange on a newly built flat in Usk with a home loan from Yorkshire BS. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The document is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Yorkshire BS conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Yorkshire BS conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
I am helping my sister sell her house in Usk. Does the solicitor arrange the energy performance certificate or it is for the seller to see to?
Following the demise of HIPs, energy performance certificates was left as a required component of moving house. An energy performance certificate must be commissioned in advance of the property being put on the market. This is not something that solicitors ordinarily arrange. Where you are instructing a Usk conveyancing solicitor they may help arrange EPC’s due to their contacts with reputable Usk energy assessors
I'm the sole beneficiary of my late father’s estate with all property in now in my sole name, including the my former home in Usk. Conveyancing formalities meant that the Land Registry date was in March. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my property ownership could be treated the same way as though I had purchased the house in March. Do I have to wait 6 months to sell?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. Most banks would take a sensible view as this requirement primarily exists to capture subsales or the flipping of property.
I am currently in the process of buying my council flat in Usk. I have a mortgage offer with UBS. 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 use 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 UBS, you will need to appoint a solicitor on the UBS conveyancing panel.
Should my conveyancer be making enquiries regarding flooding as part of the conveyancing in Usk.
Flooding is a growing risk for solicitors dealing with homes in Usk. Some people will acquire a house in Usk, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, however there are a numerous searches that can be undertaken by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Usk. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the vendor to find out if the premises has suffered from flooding. In the event that flooding has previously occurred which is not notified by the owner, then a purchaser may commence a claim for damages as a result of such an incorrect answer. A purchaser’s conveyancers will also conduct an environmental report. This should reveal whether there is a recorded flood risk. If so, more detailed inquiries will need to be carried out.
I used Stirling Law several years ago for my conveyancing in Usk. Now, I need the documents however cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Usk of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Usk is the location of the property. Is there any guidance you can give?
Flying freeholds in Usk are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Usk you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Usk may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am 18 days into a leasehold purchase having been referred to a firm by the local agent to execute conveyancing in Usk. I am not happy. Can you you assist me in finding new conveyancers?
They would have to be really bad in order to consider changing them. Has your mortgage offer been sent? In the event that it has you will need to make them aware of the new contact details and ensure the mortgage documents are re-issued. The solicitor ideally should be on the lenders panel to avoid added charges and delays. So that should be your first question of the new lawyers. Our find a solicitor tool can help you find a lender approved solicitor for your home move in Usk