The sellers of the house we are looking to purchase are using a conveyancing practitioner in Alford who has suggested a preliminary agreement with a deposit of 5k. Is it wise to enter into such agreements?
There are a couple of main downsides with entering into any lock out contract (sometimes termed an exclusivity agreement) is that it diverts attention away from progressing with the conveyancing transaction itself, so in the absence of it needing minimal or no negotiation then it could turn out to be a hindrance. It is not promoted by Alford conveyancing practitioners for this reason. The other main issue is the extent of the remedies available - an aggrieved buyer is not likely to be granted an injunction to stop the vendor disposing of the property to an alternative purchaser, so the only remedy open via the contract will be the reimbursement of wasted charges and, in rare circumstances, the additional payment of damages.
Are the Alford conveyancing solicitors identified as being on the Yorkshire BS conveyancing panel, together with their details provided by Yorkshire BS?
Alford conveyancing firms themselves provide us confirmation that they are on the Yorkshire BS conveyancing panel as opposed to being supplied with a list from Yorkshire BS directly.
Will my conveyancer be asking questions regarding flooding during the conveyancing in Alford.
The risk of flooding is if increasing concern for lawyers dealing with homes in Alford. Plenty of people will purchase a house in Alford, fully expectant that at some time, it may be flooded. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Lawyers are not best placed to offer advice on flood risk, however there are a number of searches that may be undertaken by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Alford. The conventional set of property information forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the owner to determine if the premises has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the vendor, then a buyer may issue a compensation claim as a result of such an inaccurate answer. A purchaser’s solicitors should also order an environmental report. This should indicate whether there is a recorded flood risk. If so, additional investigations will need to be initiated.
I only have Seventy years left on my lease in Alford. I now want to get lease extension but my freeholder is missing. What are my options?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. However, you will be required to demonstrate that you or your lawyers have made all reasonable attempts to find the landlord. On the whole an enquiry agent should be useful to conduct investigations and to produce an expert document to be used as proof that the landlord is indeed missing. It is wise to seek advice from a property lawyer both on investigating the landlord’s disappearance and the application to the County Court covering Alford.
Leasehold Conveyancing in Alford - Examples of Queries Prior to buying
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Its a good idea to discover as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently in the clutches of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the communal areas. Don't be shy to ask prospective neighbours whether they are happy with their service. Finally, investigate as to the dates that the maintenance fees are due to the managing agents and specifically what you get for your money. The majority of Alford leasehold apartments will incur a service bill for maintenance of the building levied by the landlord. Should you purchase the property you will have to pay this amount, normally in instalments during the year. This could differ from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal areas. In all probability there will be a ground rent for you to pay annual, this is usually not a large sum, say approximately £25-£75 but you should to check it because on occasion it can be prohibitively expensive. How many years are left on the lease?
I bought a flat in Alford last 25/11/2024 and to date it is still not registered with HMLR. It is part of a new estate and my conveyancer told me that it may take one year to register. I have spoken with HMLR directly and they say that the initial application was cancelled due to questions not being addressed in time. Should I be concerned?
Contact your lawyer - Where you are unsatisfied with the responses, enquire as to their internal complaints protocol and amplify your concerns to a Complaints Manager. Registrations for Alford conveyancing are not known to be significantly delayed.