My husband and I are hoping to acquire a home in Belvedere and have appointed a Belvedere conveyancing firm. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report with the expectation that exchange is imminent. Barnsley Building Society have this morning contacted us to advise us that they have now hit a problem as our Belvedere conveyancer is not on their conveyancing panel. Please explain?
Where you are buying a property requiring a mortgage it is standard for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel as you are at liberty to use your preferred Belvedere lawyers, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
A friend informed me that in purchasing a property in Belvedere there may be a number of restrictions affecting the ability to carry out external alterations to the property. Is this right?
There are a number of properties in Belvedere which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Belvedere should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are aiming to move house in July. Should my conveyancing solicitor update the removal company on the day of completion. On a separate note, can you recommend a removal company in Belvedere. Conveyancing lawyer was found prior to coming across your site.
On the day of completion you will need to pick up the house keys from the selling agent but this can only take place when the previous owners conveyancers advise the agent that the monies to complete are in and the keys can be given over. You should advise the removal company that they can start moving you in. We do not suggest a specific removal company but can help you find a residential property solicitor in Belvedere or a firm with expertise in conveyancing in Belvedere.
I have decided to exercise my right to buy my property in Belvedere off the council. I have a mortgage offer with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Are there restrictive covenants that are commonly identified as part of conveyancing in Belvedere?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Belvedere. 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…’
The estate agent has sent us the confirmation of our purchase of a new build flat in Belvedere. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Belvedere
Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please supply a car parking plan. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
I'm refinancing my primary house to a buy to let loan with Birmingham Midshires and I will use the ballance of the raised equity as a down payment on further property. The area we are looking at is Belvedere. Will your lawyers be able to act for the two mortgage companies and link together the transactions?
Make use of our search tool on this site to check that the conveyancers are on the appropriate lender panels. On the basis that they are the conveyancer should be able to tie up the two conveyancing matters but you should have a chat with you lawyer and make clear your expectations and needs.