In researching mumsnet.com for a high-quality lawyer in Bournville, many post that I must instruct a CQS accredited lawyer. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a kitemark for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * compliance with best practice conveyancing procedures through the scheme protocol Membership includes many partnerships who carry out conveyancing in Bournville.
I just bought a property at auction in Bournville. Conveyancing is required. What are my next steps?
Given that you have now legally committed yourself to purchase you must instruct a conveyancing lawyer as a matter of urgency as you will have a fast approaching deadline in which to complete the conveyancing. Every auction property will have an associated legal pack. This should include most,if not all of the paperwork that your lawyer will need. In the case of leasehold premises the auction papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation pertinent to a leasehold property. You should hand this to your appointed conveyancing solicitor as soon as possible. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
My husband and I are spending time viewing flats in Bournville and I am now considering a potential offer. Is it premature to have a solicitor in place? I intend to finance via a home loan with Bank of Ireland.
You should start requesting conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. As you are seeking a mortgage with Bank of Ireland, make sure you remember to check that your lawyer is on the Bank of Ireland conveyancing panel.
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Bournville building society branch on various occasions and was informed it wasn't a problem and they will lend. My Bournville conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your conveyancing practitioner must comply with the Council of Mortgage Lenders’ Handbook section two specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Due to the encouragement of my in-laws I had a survey completed on a house in Bournville in advance of appointing lawyers. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some lenders may not issue a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different instructions from Halifax. Should you wish to call us we can investigate further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Bournville. Conveyancing will be smoother if you use a solicitor in Bournville especially if they regularly deal with such properties in Bournville.
In my capacity as executor for the will of my uncle I am selling a property in Newport but I am based in Bournville. My conveyancer (based 200 kilometers awayneeds me to execute a statutory declaration ahead of the transaction finalising. Can you recommend a conveyancing practitioner in Bournville to attest this legal document for me?
Technically speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are located in Bournville
Can you offer any advice when it comes to choosing a Bournville conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Bournville conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with several firms including non Bournville conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be helpful:
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How experienced is the firm with lease extension legislation?
Bournville Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to Purchasing
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Does the lease have more than 80 years remaining? The best form of lease structure is where the freehold title is owned by the leaseholders. In this situation the tenants benefit from being in charge if their destiny and even though a managing agent is usually employed if it is larger than a house conversion, the managing agent retained by the leaseholders. It would be wise to discover if there is anything that is prohibited in the lease. For example some leases prohibit pets being allowed in in a block in Bournville. If you like the flatin Bournville however your cat is not allowed to move with you then you will be presented with a difficult determination.