My wife and I are due to complete buying a house in Braintree but as a consequence of damage from the recent storms I have was able negotiate recompense from the current proprietors of £2k taking the form of a adjustment in the price. I had intended this to be dealt with as part of amending the contract however HSBC are not allowing this. Should they have been informed?
The lawyer that is on a HSBC conveyancing panel is required to advise HSBC of any variations to the purchase price. If you were to refuse your conveyancer to disclose the price change to HSBC then they would have to discontinue acting for you. In addition, HSBC and you would have to appoint a new lawyer for your conveyancing in Braintree.
Can you clarify what the consequences are if my lawyer’s firm is expelled from the RBS Conveyancing panel ahead of completing my conveyancing in Braintree?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
This question may be naive but I am wet behind the ears as FTB of a two bedroom flat in Braintree. Do I collect the keys to the property on completion from my conveyancer? If this is the case, I will instruct a High Street conveyancing solicitor in Braintree?
On the day of completion you do not need to go to the conveyancers office in Braintree. Conveyancing lawyers for you will arrange to send the completion advance to the seller's conveyancers, and once they have received this, you should be called to pick up the keys from the Estate Agents and move into your new home. Usually this happens early afternoon.
A friend pointed out to me me that in purchasing a property in Braintree there may be a number of restrictions affecting the ability to carry out external alterations to a property. Is this right?
There are anumerous of properties in Braintree which have some sort of restriction or requirement of consent to carry out external variations. Part of the conveyancing in Braintree should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am buying a property in Braintree. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Yorkshire BS be concerned?
As you are obtaining a mortgage with Yorkshire BS your lawyer must check the formal instructions contained in Section two of UK Finance Lenders’ Handbook for Yorkshire BS. The Council of Mortgage Lenders’ Handbook stipulates minimum conditions for solar panel roof-space leases, and conveyancers are required to report to Yorkshire BS where a lease does not comply with these provisions. The provisions relate to the installation of panels on properties countrywide and is not isolated to Braintree.
What does a local search reveal about the property I am buying in Braintree?
Braintree conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations such as Xpress Legal The local search plays a central part in many a Braintree conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your new home. The search will provide information on, amongst other things, details on planning applications applicable to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
My wife and I own a semi-detached Victorian property in Braintree. Conveyancing solicitor acted for me and Accord Mortgages Ltd. I did a free Land Registry search last week and I saw two entries: the first freehold, another for leasehold with the matching property. Is it worth asking Accord Mortgages Ltd to clarify?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Braintree and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with the conveyancing solicitor who conducted the purchase.