Me and my partner are purchasing a 1 bedroom flat in West Sussex with a mortgage. We wish to retain our West Sussex conveyancer, but the mortgage company advise she’s not on their "panel". We have to appoint one of the mortgage company panel solicitors or continue with our West Sussex lawyer as well as pay for one of their panel firms to act for them. This seems very unfair; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your West Sussex conveyancing solicitor to apply to be on the conveyancing panel.
I require conveyancing for a flat in a fairly new development (seven years built) in West Sussex. 95% of the properties are already sold. Is it really necessary to order conveyancing searches as part of conveyancing in West Sussex?
Conveyancing Searches are a central link in the West Sussex conveyancing process. There are numerous companies delivering West Sussex conveyancing searches, as well direct from the local authority. These are known collectively as personal search companies and they produce, not surprisingly, personal searches. However, all Local Authority Search conveyancing products have one thing in common - they must secure their data from the local authority.
I am buying a new build flat in West Sussex. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in West Sussex
-
There must be mutual enforceability of lessee’s covenants. 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. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please confirm the Lease plans are architect prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I have been pointed in your direction by two or three local estate agents in West Sussex to choose a property lawyer on your site. What’s the financial advantage for Estate Agents to recommend your lawyers rather than alternative conveyancing organisations?
We refuse to make any referral fee for sending work to this site. We found it would be just too difficult a fee as a client could think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
Can you provide any top tips for leasehold conveyancing in West Sussex from the perspective of expediting the sale process?
- Much of the delay in leasehold conveyancing in West Sussex can be reduced if you get in touch lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the purchasers’ lawyers. You believe that you know the number of years remaining on your lease but it would be wise to verify this via your lawyers. A purchaser's conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 80 years. It is therefore essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. A minority of West Sussex leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers. In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? West Sussex leases often stipulate that internal structural changes or laying down wooden flooring require a licence issued by the Landlord approving such works. If you dont have the approvals to hand you should not contact the landlord without contacting your solicitor in the first instance. Many landlords or Management Companies in West Sussex levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The average time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in West Sussex.
Leasehold Conveyancing in West Sussex - Sample of Questions you should consider before Purchasing
-
The majority of West Sussex leasehold flats will be liable to pay a service bill for maintenance of the block set on behalf of the management company. Where you acquire the apartment you will have to meet this charge, normally in instalments throughout the year. This could vary from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a rentcharge to be met yearly, this is usually not a exorbitant sum, say approximately £25-£75 but you should to check as occasionally it can be many hundreds of pounds. The answer will be useful as a) areas could cause problems for the block as the communal areas may start to deteriorate if services are not paid for b) if the leaseholders have a dispute with the managing agents you will want to have complete disclosure Who takes charge for maintaining and repairing the building?
How do I find the right lawyer for my conveyancing in West Sussex ?
Option 1 is to ask your friends and family they would would instruct. Option 2 is to use a search tool on the internet for conveyancing in West Sussex. Phone two or three from the list and request that they send you their conveyancing quote and speak to the lawyer who will conduct your conveyancing before you make your decision. Option 3 is to make use of our search tool to help you find the right solicitors taking into account your unique requirements including location,speed, complexity and who the proposed lender is.Resist the temptation to appoint lowest cost conveyancing solicitors in West Sussex