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Recently asked questions about conveyancing in Swadlincote

What is the first thing I need to know about purchase conveyancing in Swadlincote?

You may not hear this from too many lawyers but conveyancing in Swadlincote or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of room for confrontation between you and others involved in the ownership transfer. For example, the seller, property agent and sometimes the lender. Choosing a lawyer for your conveyancing in Swadlincote should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose interest is to act in your best interests and to keep you safe.

We are witnessing a distinct increase of a "blame" culture- someone has to be blamed for the process taking so long. You must always trust your lawyer above all other players in the conveyancing process.

After reviewing online forums for a conveyancing solicitor in Swadlincote, most advise that I must look for a CQS kitemarked solicitor. Can you explain what CQS is?

The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to best practice conveyancing processes through the scheme protocol It includes many firms who handle conveyancing in Swadlincote.

How does conveyancing in Swadlincote differ for new build properties?

Most buyers of new build residence in Swadlincote contact us having been asked by the seller to exchange contracts and commit to the purchase even before the property is built. This is because developers in Swadlincote typically buy the site, 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 conveyancing solicitors 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 used to new build conveyancing in Swadlincote or who has acted in the same development.

Should I appoint a Swadlincote conveyancing lawyer in close proximity to the house I am buying? We have a good friend who can execute the legal work but his firm is located approximately 350kilometers drive away.

The benefit of a high street Swadlincote conveyancing practice is that you can pop in to execute paperwork, present your identification documents and apply pressure on them if necessary. They will also have local intelligence which is a plus. That being said it's more important to get someone that will pull out all the stops for you. If you know people who used your friend and the majority were content that should outweigh using an unfamiliar Swadlincote conveyancing lawyer just because they are round the corner.

I am a negotiator for a busy estate agency in Swadlincote where we have witnessed a few flat sales derailed due to short leases. I have been given conflicting advice from local Swadlincote conveyancing solicitors. Could you confirm whether the vendor of a flat can initiate the lease extension formalities for the buyer?

As long as the seller has been the owner 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. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is 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 am the registered owner of a ground floor flat in Swadlincote, conveyancing formalities finalised August 2008. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Swadlincote with over 90 years remaining are worth £181,000. The ground rent is £55 invoiced every year. The lease finishes on 21st October 2074

With 50 years unexpired the likely cost is going to range between £31,400 and £36,200 plus plus your own and the landlord's "reasonable" professional fees.

The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed investigations. You should not use this information in tribunal or court proceedings. There are no doubt other concerns that need to be taken into account and you obviously should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information without first seeking the advice of a professional.

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