Can you clarify what the consequences are if my solicitor is removed from the Santander Conveyancing panel ahead of completing my conveyancing in Badminton?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
How does conveyancing in Badminton differ for new build properties?
Most buyers of new build residence in Badminton contact us having been asked by the developer to exchange contracts and commit to the purchase even before the property is built. This is because builders in Badminton typically 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 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 accustomed to new build conveyancing in Badminton or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in Badminton ahead of appointing lawyers. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some lenders will not give a loan on such a house.
It depends who your proposed lender is. Santander has different requirements for example to Nationwide. If you contact us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Badminton. Conveyancing will be smoother if you use a solicitor in Badminton especially if they are familiar with such properties in Badminton.
Are there any apps to help identify a Badminton solicitor on the The Mortgage Works conveyancing panel? I drive a motor bike and am happy to travel upto 10miles to meet the conveyancer.
You can use the facility on this website. Please pick a bank and your location and you will see a number of Badminton conveyancing lawyers based on proximity. We have detailed some Badminton conveyancing firms at the bottom of this page and you can call them to see whether they are on the The Mortgage Works approved list
I have just appointed agents to market my garden flat in Badminton. Conveyancing solicitors are to be appointed soon, but I have just had a quarterly service charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as you normally would because all ground rent and service payments will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
Leasehold Conveyancing in Badminton - Examples of Questions you should ask before Purchasing
The prefered form of lease structure is if the freehold title is owned by the leaseholders. In this situation the tenants benefit from being in charge if their destiny and although a managing agent is often employed where it is bigger than a house conversion, the managing agent is directed by the tenants. You should want to discover as much as possible concerning the company managing the building as they will either make living at the property much simpler or much more difficult. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to every day issues such as the cleanliness of the communal areas. Ask other tenants whether they are happy with their service. On a final note, investigate as to the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money. Please note that where the lease has no more than 80 years it will impact the marketability of the apartment. Check with your bank that they are happy with residual term of the lease. Leases with less than 80 years remaining means that you will probably have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you would need to own the residence for 24 months in order to be eligible to extend the lease.