My conveyancer has discovered a defect with the lease for the property we are purchasing in Cardiff. The seller’s lawyers have put forward title insurance as a solution. We are content with insurance and will pay for it. Our property lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
Completed the sale of my flat in Cardiff last November yet the purchaser is calling daily to say his solicitor is waiting to hear from myconveyancer. What should have happened now that I have sold?
After completion of your sale your solicitor should send the transfer deeds and all of the paperwork to the buyer’s lawyers. Depending on the transaction, your lawyer must also evidence that the legal charge in favour of the lender has been repaid to the buyers conveyancers. There is unlikely to be post completion formalities just for conveyancing in Cardiff.
I've recently found out that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a straight forward, no chain conveyancing. Cardiff is where the house is located. What do you suggest?
Flying freeholds in Cardiff are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cardiff you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cardiff may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I need to instruct a conveyancing solicitor in Cardiff for my sale. Can I check a firm’s complaints history with the profession’s regulator?
Anyone can find published Solicitor Regulator Association (SRA) determinations stemming from investigations commenced on or after Jan 2008. Visit Check a solicitor's record. To find records about the period before 1 January 2008, or to check a solicitors record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The regulator could recorded call for training reasons.
My mum and dad are experiencing difficulties in finding their Cardiff land registry title on the site. They recall that back in the 60’s when they bought the bungalow there were complications with the post code not being recognised in some systems.
Nearly all properties in Cardiff should appear. Have you attempted a search to just the postcode. Ordinarily it should disclose all the residences inside the postcode. Assuming the property is recorded it will show up with a title number. Where they bought back in the 70’s it's conceivable it may be unregistered. The property may still be revealed but with the title number shown 'na'. In this scenario you will need to track down the original title papers which could be with your parent’s mortgage company.