We are downsizing from our house in Berkeley and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. Any local conveyancer would know this is not the case. It does beg the question why the purchasers are using a nationwide conveyancing practice as opposed to a conveyancing solicitor in Berkeley. We have lived in Berkeley for 5 years we know that this is a non issue. Do we contact our local Authority to seek confirmation that the buyers are looking for.
It would appear that you have a conveyancing firm currently acting for you. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Due to the advice of my in-laws I had a survey completed on a property in Berkeley in advance of instructing solicitors. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies tend refuse to give a mortgage on this type of house.
It varies from the lender to lender. HSBC has different instructions from Halifax. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Berkeley. Conveyancing will be smoother if you use a solicitor in Berkeley especially if they are acquainted with such properties in Berkeley.
I have been advised by a number of estate agents in Berkeley to get a quote from a conveyancer using your seach tool. Is there a financial upside for Estate Agents to market your lawyers over and above alternative conveyancing organisations?
We don’t offer any financial incentive for sending work in our direction. We found it would be just too difficult a fee as members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
I am thinking of appointing a conveyancing lawyer in Berkeley for my home move. Is it possible to see a solicitor's record with the profession’s regulator?
Members of the public may find published Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, dial +44 (0)121 329 6800. The regulator could monitor telephone calls for training reasons.
Can you offer any advice when it comes to appointing a Berkeley conveyancing practice to deal with our lease extension?
When appointing a conveyancer for lease extension works (regardless if they are a Berkeley conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Berkeley conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then so much the better. The following questions might be useful:
Can they put you in touch with clients in Berkeley who can give a testimonial? How experienced is the practice with lease extension legislation?
Berkeley Conveyancing for Leasehold Flats - Examples of Questions you should ask Prior to buying
Are any of leasehold owners in arrears of their service charge liability? Does the lease have onerous restrictions?