My partner and I are buying a brand new apartment in Burwash and my conveyancer is advising me that she has to the mortgage company to reveal incentives from the seller. I am on a tight deadline to exchange contracts and I don't want to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Why do I have to pay up front for conveyancing in Burwash?
Where you are retaining lawyers for conveyancing in Burwash your solicitor will request that you to provide them with funds to cover the search fees. This will be the total of the cost of the Local Authority Search. If any deposit is payable against the sale price then this will be needed shortly before exchange of contracts. The closing balance that is needed will be payable shortly before completion.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Burwash property lawyer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I have decided to exercise my right to buy my property in Burwash off the council. I have a mortgage agreed with Barclays. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Barclays, you will need to appoint a solicitor on the Barclays conveyancing panel.
Leeds Building Society have agreed my mortgage in principle, my offer on a flat in Burwash has been agreed to, what are the next steps?
Your property agent will wish to know who your solicitors are (be sure the solicitors are on the bank’s panel). Telephone Leeds Building Society or the broker and finalise any appropriate forms. Leeds Building Society will appoint a valuer who will get in contact with the selling agent or owners to book an appointment. Once carried out (assuming no problems) it takes on average a week for the mortgage offer to be issued. Leeds Building Society will send the offer to you and your property lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Burwash.
We are downsizing from our property in Burwash and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any high street Burwash conveyancer would know that there is no such problem. It does beg the question why the purchasers are using a factory type conveyancing firm rather than a conveyancing solicitor in Burwash. We have lived in Burwash for three years we know of no issue. Should we contact our local Authority to get confirmation that there is no issue.
It would appear that you have a conveyancing solicitor currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
We are 18 days into a residential purchase having been directed to a firm by the estate agent to execute conveyancing in Burwash. We are not happy. Could you you assist me in finding new lawyers?
They would have to be very poor to suggest replacing them. Has your mortgage been issued? In the event that it has you will need to make them aware of the replacement conveyancer and ensure the offer are issued to the new lawyers. Your conveyancer should be on the lenders panel to avoid escalating costs and complications. That should be your first question of the new conveyancers. Our find a solicitor tool will assist you in finding a bank approved solicitor for your conveyancing in Burwash