My partner and I are purchasing a flat in Victoria. My lawyer is not on the mortgage company solicitor panel. Am I still permitted to appoint my Victoria conveyancing solicitor even though they are excluded from the mortgage company panel?
Various options include
- Complete the deal with your preferred Victoria solicitor but your lender will undoubtedly use a conveyancing practitioner from their approved list. The net result is additional cost together with probable delay.
- Get a new conveyancer to conduct the conveyancing, obviously checking they are on the mortgage company conveyancing panel.
- Appeal to your conveyancing practitioner to seek to join the bank panel
We note that you have a search directory listing firms on the Santander conveyancing panel. Do companies pay you a referral fee if I appoint them for our conveyancing in Victoria?
We are a listing service only for law firms wishing to communicate if they are on the Santander conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Victoria.
I am buying a property and the conveyancer has raised the issue of Chancel Repair for which the house may be liable given it’s proximity to the area of such a church. He has recommended insurance. Is this really appropriate for conveyancing in Victoria
Unless a previous purchase of the property took place post 12 October 2013 you could assume that solicitors handling conveyancing in Victoria to remain recommending a chancel search and or chancel repair liability policy.
Just had an offer accepted on a new build apartment in Victoria. 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 conveyancing.
Set out below are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Victoria
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply a car parking plan. 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.
I decided to have a survey done on a property in Victoria in advance of instructing solicitors. I have been told that there is a flying freehold overhang to the house. The surveyor has said that some lenders may refuse to issue a mortgage on such a property.
It depends who your proposed lender is. Santander has different instructions from Halifax. Should you wish to call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Victoria. Conveyancing will be smoother if you use a solicitor in Victoria especially if they are accustomed to such properties in Victoria.
Do I need to be concerned that brokers that I am dealing with are encouraging me to use an internet conveyancing firm rather than a local Victoria conveyancing practice?
As is the case with many professional services, often referrals from family and friends can be most helpful. Nevertheless there are lots of players in a conveyancing matter; estate agents, financial adviser and banks may suggest conveyancers to select. On occasion the conveyancers might be known to one of the organisations as one of the best in their field, but sometimes there exists a financial incentive behind the endorsement. You have the right to appoint your own conveyancer. You need to be aware that most lenders specify a panel list of solicitors you must use for the mortgage related work in your transaction.