Our solicitor has discovered a a problem with the lease for the apartment we are buying in Westbourne. The seller’s lawyers have suggested defective title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer says that he must be satisfied that the lender is happy with this solution. Are we the client or is the mortgage company ?
Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their provisions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the mortgage company are the client. The appropriate lender requirements have to be complied with.
I am helping my step-mother sell her flat in Westbourne. Will the conveyancing solicitor commission an energy performance certificate or it is for the seller to coordinate?
Following the abolition of Home Information Packs, EPC’s became a mandatory component of selling a house. An energy performance certificate should be commissioned in advance of the property being placed on the market. This is not a task that lawyers normally organise. Where you are instructing a Westbourne conveyancing lawyer they might help arrange energy assessments due to their contacts with reputable Westbourne assessors
After much negotiation I have agreed a price on an apartment in Westbourne. My financial adviser pressured me to appoint their conveyancing practitioner. I paid an on account payment of £150. A couple of days later, the conveyancing practitioner contacted me sheepishly admitting that they were not on the Bank of Ireland conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Bank of Ireland panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Having read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Westbourne solicitor - who is on the TSB conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB 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 Westbourne 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.
Do commercial conveyancing searches disclose impending roadworks that could affect a commercial land in Westbourne?
Many commercial conveyancing solicitors in Westbourne will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in investigating accurate data on highways that impact buildings and development assets in Westbourne. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Westbourne.
For every commercial conveyancing transaction in Westbourne it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately may result in delays to Westbourne commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not conducted for residential conveyancing in Westbourne.
How does conveyancing in Westbourne differ for new build properties?
Most buyers of new build residence in Westbourne contact us having been asked by the builder to exchange contracts and commit to the purchase even before the property is built. This is because developers in Westbourne usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Westbourne or who has acted in the same development.
I have been on the look out for a ground for flat up to £195,000 and identified one near me in Westbourne I like with a park and transport links in the vicinity, however it's only got 52 remaining years left on the lease. I can't really find anything else in Westbourne for this price, so just wondered if I would be making a mistake acquiring a short lease?
Should you need a home loan the remaining unexpired lease term will be a potential deal breaker. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for at least twenty four months you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the existing lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.
I today plan to offer on a house that seems to be perfect, at a great price which is making it all the more appealing. I have subsequently been informed that it's a leasehold as opposed to freehold. I would have thought that there are particular concerns purchasing a leasehold house in Westbourne. Conveyancing lawyers have are soon to be instructed. Will they explain the issues?
Most houses in Westbourne are freehold rather than leasehold. In this scenario it’s worth having a local solicitor who is familiar with the area who can help the conveyancing process. it is apparent that you are buying in Westbourne in which case you should be looking for a Westbourne conveyancing practitioner and be sure that they are used to transacting on leasehold houses. First you will need to check the unexpired lease term. Being a lessee you will not be at liberty to do whatever you want to the property. The lease will likely included provisions for example requiring the landlord’sconsent to carry out changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the communal areas where the property is located on an estate. Your solicitor will advise you fully on all the issues.
Westbourne Conveyancing for Leasehold Flats - Sample of Questions you should ask before Purchasing
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Who takes responsibility for maintaining and repairing the block? It would be sensible to find out if there is anything that is prohibited in the lease. For instance it is reasonably common in Westbourne leases that pets are not permitted in in a block in Westbourne. If you like the apartmentin Westbourne however your cat can’t move with you then you have a very difficult choice. What is the yearly service fee and ground rent?