My brother and I have lately purchased a property in Birstall. We have noticed several issues with the property which we believe were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been conducted for conveyancing in Birstall?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Birstall. Conveyancing searches and due diligence undertaken during the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a form called a SPIF. If the information turns out to be incorrect, then you may have a claim against the seller for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Birstall.
We're in Birstall, First time buyers purchasing with a mortgage (lender is Leeds Building Society , and our solicitor is on the Leeds Building Society conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Leeds Building Society conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no solicitor should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
How can we know in advance if a Birstall conveyancing solicitor on the HSBC panel is any good?
When it comes to conveyancing in Birstall seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advocate that you speak with the lawyer conducting your transaction.
We expect to receive a OIP from Leeds Building Society this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Leeds Building Society recommend any Birstall solicitors on the Leeds Building Society conveyancing panel, or is it better to go independently?
You will need to appoint Birstall solicitors independently although you'll need to choose one on the Leeds Building Society conveyancing panel. The solicitor represents both you and Leeds Building Society through the process.
I have instructed a Birstall solicitor having checked that they are on the Clydesdale conveyancing panel. Does my lawyer arrange the survey of the property?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Birstall surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Due to the encouragement of my in-laws I had a survey completed on a property in Birstall before appointing solicitors. I have been advised that there is a flying freehold element to the house. The surveyor has said that some lenders tend not grant a mortgage on this type of property.
It varies from the lender to lender. Santander has different requirements for example to Halifax. Should you wish to telephone us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Birstall. Conveyancing will be smoother if you use a solicitor in Birstall especially if they are acquainted with such properties in Birstall.
My nephew is embarking on her first house purchase, the home loan was agreed last week in principle. One the seller agreed the offer on the flat we contacted the lender to move forward with his. I was disappointed to hear that mortgage companies do not accept all lawyer, they must be on their panel, is this correct?
Lenders ordinarily imposes restrictions either the type or the number of conveyancing solicitors on their panel. Typical examples of such restriction(s) being that a firm must have two or more partners. In addition to restricting the type of firm, some have decided to limit the number of firms they use to represent them. You should note that banks have no responsibility for the quality of advice provided by any Birstall property lawyer on their panel. Mortgage fraud was a key driver in the rationalisation of conveyancing panels a few years ago and whilst there are differing views about the extent of solicitor involvement in some of that fraud. Statistics from the Land Registry reveal that thousands of law firms only carry out one or two conveyances a year. Those supporting conveyancing panel cuts ask why law firms should have the right to be on a Lender panel when clearly, conveyancing is not their speciality. To put it another way; would you want a conveyancing solicitor to represent you if you were charged with a crime? Presumably not.