I chose a West Sussex based lawyer for my conveyancing in West Sussex today. After carefully reading the Terms and Conditions I noteI am responsible for costs even if the sale doesn't happen. Should I ditch them and appoint a web based lawyer promoting no-sale-no-fee conveyancing in West Sussex?
It is usually ‘give and take’ in that if "No Sale No Fee" is advertised then the conveyancing charges will generally be uplifted to neutralise the conveyances that abort. Please beware that such promotions rarely cover disbursements by way of example West Sussex conveyancing search expenses.
My wife and I have recently appointed a conveyancing solicitor in West Sussex. I need to find out whether they are on the Aldermore approved list of lawyers. Could you advise?
The first thing you should do is contact the conveyancer and ask them whether they can act for the lender. Otherwise please get in touch with Aldermore who may be able to confirm.
A relative pointed out to me me that in purchasing a property in West Sussex there could be a number of restrictions prohibiting external changes to the property. Is this right?
There are a number of properties in West Sussex which have some sort of restriction or requirement of consent to execute external changes. Part of the conveyancing in West Sussex should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We previously selected solicitors located in West Sussex on the Lloyds solicitor panel. They are now charging me a further fee for the legal aspects of the Lloyds mortgage. Is this an additional conveyancing fee set by Lloyds?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your conveyancer is entitled to levy a fee for this. This charge is not dictated by Lloyds but by your West Sussex solicitor. Numerous firms on the Lloyds panel will quote an ‘acting for lender’ fee but plenty of practices incorporate it on their overall fee.
Our offer on a semi in West Sussex has been agreed to, the sellers do nevertheless have an associated purchase. The sellers have offered on a property, but it’s not yet agreed to, and are looking at other properties in the pipeline. I have selected a nearby conveyancing solicitor in West Sussex. What do I do now? At what point should I apply for the mortgage with Skipton?
It is understandable to have anxieties where there is a chain as you are unlikely to want to be too out of pocket prematurely (mortgage application is approx £1k, then survey, West Sussex conveyancing search charges, etc). First, you must check that your conveyancer is on the Skipton conveyancing panel. As to the next steps this very much dictated by the circumstances of your transaction, attraction to the property and on the state of the market. During a rising market some home buyers would apply for the mortgage with Skipton and arrange for the valuation and only if it was satisfactory would they request their conveyancer to move forward with the conveyancing in West Sussex.
Are there restrictive covenants that are commonly picked up as part of conveyancing in West Sussex?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in West Sussex. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Should I choose a West Sussex conveyancing lawyer based in the location that I am purchasing? We have a good friend who can execute the conveyancing but they are based a couple of hundredmiles drive away.
The primary upside of using a local West Sussex conveyancing firm is that you can visit the firm to sign paperwork, hand in your identification documents and apply pressure on them where appropriate. Having local West Sussex know how is a bonus. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and on the whole were happy that should outweigh using an unfamiliar West Sussex conveyancing solicitor just because they are round the corner.
I am looking at a couple of flats in West Sussex both have in the region of forty five years left on the leases. Will this present a problem?
There are no two ways about it. A leasehold apartment in West Sussex is a wasting asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the value of the property. For most buyers and mortgage companies, leases with less than 75 years become less and less attractive. On a more upbeat note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the property for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a property with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with West Sussex conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. You may find he or she is happy to negotiate informally and willing to consider your offer straight off, without having to involve anyone else. This will save you time and money and it could help you reach a lower price on the lease. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
West Sussex Leasehold Conveyancing - A selection of Queries Prior to buying
-
What is the annual maintenance fee and ground rent? What prohibitions are contained in the West Sussex Lease? Is the freehold reversion owned collectively by the tenants?