Me and my fiance are purchasing a 1 bedroom flat in Bradwell with a mortgage. We would like to retain our Bradwell lawyer, but the mortgage company advise he's not on their "panel". It appears that we have little option but to appoint one of the lender panel firms or retain our Bradwell conveyancing practitioner and pay for one of their panel ones to represent them. We consider that this is unjust; can we not require that the lender use our Bradwell solicitor ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Bradwell conveyancing lawyer to apply to be on the conveyancing panel.
Will my lawyer be asking questions regarding flooding as part of the conveyancing in Bradwell.
Flooding is a growing risk for solicitors dealing with homes in Bradwell. There are those who acquire a property in Bradwell, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that may be undertaken by the buyer or by their conveyancers which will figure out the risks in Bradwell. The standard completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to find out if the property has suffered from flooding. In the event that the premises has been flooded in past and is not disclosed by the owner, then a buyer may commence a claim for damages stemming from an inaccurate reply. A buyer’s conveyancers should also carry out an environmental search. This will indicate whether there is a recorded flood risk. If so, additional investigations will need to be carried out.
The estate agent has sent us the confirmation of our purchase of a new build flat in Bradwell. 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 are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Bradwell
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. There must be mutual enforceability of lessee’s covenants. 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. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
I am looking into buying my first house which is in Bradwell and I am already nervous. I couldn't find anything specific about Bradwell. Conveyancing will be needed in due course but do you know about the Bradwell area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Bradwell. In the meantime here are some basic statistics that we found
My wife and I are selling a Bradwell apartment we inherited some years ago in 2009. I have over a decades worth of conveyancing knowledge and, now retired, intend to carry out my own conveyancing. The buyer's property lawyer has informed me that their mortgage company will not allow us to do our own conveyancing requiring the funds to be transferred to a solicitor's bank account.
Mortgage requirements to conveyancing practitioners from all CML members specify that If the seller does not have legal representation the buyer’s lawyers should check whether the lender needs to be told so that a decision can be reached as to whether or not they are prepared to proceed.