My wife and I are about to complete on the purchase of a house in Baschurch but as a consequence of wreckage from the recent storms I have was able negotiate recompense from the seller in the sum of six thousand pounds by way of a adjustment in the price. I had intended this to be dealt with as part of a side agreement but RBS will not agree to this. Why were they approached?
Your lawyer being on the RBS conveyancing panel is required to inform RBS of any changes to the purchase price. If you were to refuse your solicitor to disclose the price change to RBS then they would have to discontinue acting for you. In addition, RBS and you would have to appoint a new lawyer for your conveyancing in Baschurch.
Are there restrictive covenants that are commonly identified during conveyancing in Baschurch?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Baschurch. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I'm buying a new build house in Baschurch with the aid of help to buy. The developers refused to reduce the price so I negotiated five thousand pounds worth of extras instead. The estate agent told me not inform my lawyer about the extras as it could affect my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, chain free conveyancing. Baschurch is the location of the property. Can you shed any light on this issue?
Flying freeholds in Baschurch are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Baschurch you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Baschurch may determine 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.
What are my options where I am not happy with the lawyer who conducted our conveyancing in Baschurch?
We live in an imperfect world, and unfortunately sometimes matters do not go as planned. Nevertheless there is recourse where you were unhappy with your conveyancing in Baschurch. This varies from trying to resolve matters directly with them, through to reporting a conveyancing practitioner to their governing body. If things still aren’t resolved you may consider enlisting the help of the Legal Ombudsman.