Am I correct in assuming that the fact that my conveyancer in Westgate on Sea is not on my bank's solicitor panel that there is a problem with the quality of the firm’s conveyancing?
That would more than likely be an incorrect assumption to make. There are all sorts of perfectly reasonable explanations. A recent report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Westgate on Sea conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
My Westgate on Sea conveyancer has identified a difference when comparing the surveyor’s assumptions in the home valuation survey and what is revealed within the title deeds. My solicitor has advised that he is obliged to ensure that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s stance legitimate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
I am helping my mother sell her flat in Westgate on Sea. Will the conveyancing solicitor commission an energy assessment or it is for the owner to coordinate?
Following the abolition of Home Packs, energy performance certificates remained a required element of selling a house. An EPC should be to hand before the property is marketed. This is not a task that solicitors normally organise. Where you are instructing a Westgate on Sea conveyancing practitioner they might be willing to arrange energy performance certificates due to their contacts with long established Westgate on Sea energy assessors
This question may be naive but I am unexperienced as a 1st time purchaser of a ground floor flat in Westgate on Sea. Do I receive the keys to the property on the completion date from my solicitor? If so, I will appoint a local conveyancing solicitor in Westgate on Sea?
There is no need to visit the lawyers office on the day of completion. Your solicitors will arrange to send the purchase money to the seller's conveyancers, and shortly after the monies have arrived, you should be able to receive the keys from the property Agents and start moving into the property. This tends to happen early afternoon.
I'm the single recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Westgate on Sea. The Westgate on Sea property was put into my name in July. I plan to dispose of the house. I understand that there is a CML six month 'rule', which means that my property ownership may be regarded the same way as though I had purchased the house in July. Is the property unsalable for six months?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. How practical a view lenders take of it, depend on the mortgage company as this clause is principally there to pick up on subsales or the wholesaling and assigning of property.
Will commercial conveyancing searches reveal impending roadworks that may impact a commercial premises in Westgate on Sea?
Its becoming the norm that commercial conveyancing solicitors in Westgate on Sea 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 Westgate on Sea. The search result provides definitive information 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 Westgate on Sea.
For each commercial conveyancing transaction in Westgate on Sea it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can result in delays to Westgate on Sea commercial conveyancing transactions as well as pose a risk to future plans for the site. These searches are not carried out for domestic conveyancing in Westgate on Sea.
I used Wolstenholmes several years ago for my conveyancing in Westgate on Sea. I now require my file however the law firm is no longer operating. 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 Westgate on Sea of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am a negotiator for a long established estate agency in Westgate on Sea where we have witnessed a number of leasehold sales jeopardised as a result of short leases. I have been given contradictory information from local Westgate on Sea conveyancing solicitors. Could you confirm whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I invested in buying a 1 bedroom flat in Westgate on Sea, conveyancing having been completed in 2001. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Comparable properties in Westgate on Sea with over 90 years remaining are worth £195,000. The average or mid-range amount of ground rent is £45 per annum. The lease ends on 21st October 2088
You have 63 years unexpired we estimate the price of your lease extension to range between £16,200 and £18,600 plus legals.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive investigations. You should not use the figures in a Notice of Claim or as an informal offer. There may be other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first getting professional advice.