I need some quick conveyancing in Birstall as I am faced with pressure to sign on the dotted line within 2 weeks. A mortgage is not required. Is it possible to escape the need for conveyancing searches to save money and time?
As you are not getting a mortgage you are at free not to do searches although no lawyer would advise that you don't. Drawing on our experience of conveyancing in Birstall the following are instances of issues that can appear and therefore affect future saleability: Refused Planning Applications, Outstanding Fees, Outstanding Grants, Railway Schemes,...
The estate agent has sent us the confirmation of our purchase of a new build flat in Birstall. Conveyancing is necessary evil 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 conveyancing.
Set out below is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Birstall
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision.
Is it simple use the search facility to locate a conveyancing solicitor in Birstall on the approved list for my mortgage?
1st select a bank such as HSBC Bank, Skipton Building Society or Barclays Direct then choose your location for example Birstall. Conveyancing firms in Birstall and further afield will then be identified.
Should I instruct a Birstall conveyancing practitioner in close proximity to the house I am hoping to buy? An old friend can conduct the legal work however they are based 300kilometers away.
The benefit of a local Birstall conveyancing practice is that you can visit the firm to sign documents, present your identification documents and pester them if necessary. Having local Birstall know how is a bonus. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and they were happy that should surpass using an unknown Birstall conveyancing solicitor solely due to them being round the corner.
Can you provide any top tips for leasehold conveyancing in Birstall from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Birstall can be reduced if you appoint lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold information which will be required by the purchasers’ representatives. You may think that you are aware of the number of years remaining on your lease but it would be wise to double-check via your solicitors. A purchaser's lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is under 80 years. It is therefore essential at an early stage that you consider whether the lease requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale. If you are supposed to have a share in the Management Company, you should ensure that you hold the original share certificate. Arranging a duplicate share certificate is often a lengthy process and frustrates many a Birstall home move. Where a new share is required, do contact the company officers or managing agents (if applicable) for this at the earliest opportunity. In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Most leases in Birstall state that internal structural changes or laying down wooden flooring necessitate a licence issued by the Landlord approving such works. Should you fail to have the approvals to hand you should not communicate with the landlord without checking with your conveyancer first. If there is a history of conflict with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where there is a current dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to reveal the dispute as over rather than unsettled.
Leasehold Conveyancing in Birstall - Sample of Questions you should ask Prior to buying
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If a Birstall lease has no more than 80 years it will have adverse implications on the salability of the property. Check with your bank that they are happy with residual term of the lease. A short lease means that you will probably require a lease extension at some point and you need to have some idea of how much this would cost. Remember, in most cases you will need to own the residence for two years in order to be legally able to extend the lease. Is there a share of the freehold?