Our lawyer has identified a a legal deficiency with the lease for the flat we are buying in Whitstable. The seller’s lawyers have put forward defective title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancing practitioner says that he must check that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
We are expecting a mortgage offer soon. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to use their panel conveyancer as I would prefer to use a local conveyancing solicitor in Whitstable?
You should check but the chances are that appoint one of their panel conveyancers where you want the "fee-free" incentive. Speak to the lender and ask if they offer you a monetary alternative. Some lenders have previously offered a £250 cashback as a further option in which case that money can go towards the cost for your conveyancing solicitor in Whitstable.
Should my conveyancer be making enquiries regarding flooding as part of the conveyancing in Whitstable.
The risk of flooding is if increasing concern for conveyancers conducting conveyancing in Whitstable. There are those who acquire a property in Whitstable, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, but there are a various checks that can be carried out by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Whitstable. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to find out whether the property has suffered from flooding. If flooding has previously occurred which is not revealed by the owner, then a buyer could bring a compensation claim as a result of such an misleading reply. The buyer’s conveyancers may also order an enviro report. This should reveal if there is a recorded flood risk. If so, more detailed investigations should be made.
I have justbeen informed that Action Conveyancing have been shut down. They carried out my conveyancing in Whitstable for a purchase of a freehold house 12 months ago. How can I establish that my home is in my name in the name of the former proprietor?
The quickest way to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Whitstable conveyancing specialists.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Whitstable is where the house is located. Can you offer any guidance?
Flying freeholds in Whitstable are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Whitstable you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whitstable may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am thinking of appointing a conveyancing lawyer in Whitstable for my remortgage. Is it possible to check a solicitor's complaints history with the profession’s regulator?
Members of the public may read documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions started on or after 1 January 2008. Go to Check a solicitor's record. For records about the period before 1 January 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, call +44 (0)121 329 6800. The SRA sometimes monitor call for training purposes.