Finally the sale completed on my house in Cawthorne last December but the buyer keeps telephoning me to moan that her solicitor is waiting to hear from mine. What are the post completion sale legalities now that I have sold?
After completion of your disposal your conveyancer should forward the transfer documentation and all of the paperwork to the purchaser's solicitors. Where appropriate, your lawyer must also evidence that the mortgage has been discharged to the buyers solicitors. There are no post completion formalities unique to conveyancing in Cawthorne.
I opted to have a survey carried out on a property in Cawthorne in advance of retaining conveyancers. I have been advised that there is a flying freehold element to the property. The surveyor has said that some lenders tend not give a loan on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different requirements from Nationwide. If you e-mail us we can look into this further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Cawthorne. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Cawthorne to see if the conveyancing costs will increase in light of this.
I am one month into a leasehold purchase having been referred to a firm by the selling agent to carry out the conveyancing in Cawthorne. I am am starting to be dissatisfied with the level of service. Can you you assist me in finding new lawyers?
A lawyer would have to be really bad in order to consider replacing them. Has the loan offer been sent? In the event that it has you must make them aware of the new contact details and have the loan are issued to the new lawyers. The solicitor ideally needs to be on the mortgage company panel to avoid supplemental expenses and frustration. So that should be your starting point. The search tool will assist you in finding a bank approved lawyer for your conveyancing in Cawthorne
Do you have any advice for leasehold conveyancing in Cawthorne from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Cawthorne can be reduced if you get in touch lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers’ solicitors. If you have had conflict with your landlord or managing agents it is very important that these are settled prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as over rather than ongoing. A minority of Cawthorne leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors. If you are supposed to have a share in the freehold, you should ensure that you hold the original share certificate. Obtaining a re-issued share certificate can be a lengthy formality and slows down many a Cawthorne home move. If a reissued share is needed, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity. If you have carried out any alterations to the premises would they have required Landlord’s approval? In particular have you installed wooden flooring? Most leases in Cawthorne state that internal structural changes or addition of wooden flooring require a licence issued by the Landlord acquiescing to such alterations. Where you fail to have the approvals to hand do not contact the landlord without contacting your lawyer in the first instance.
Cawthorne Leasehold Conveyancing - Examples of Queries before buying
What is the the remaining lease term? Can you inform me if there are any major works anticipated that could add a premium to the service charges? The best form of lease structure is a share of the freehold. In this arrangement the leaseholders enjoy being in charge if their destiny and even though a managing agent is usually retained where the building is bigger than a house conversion, the managing agent employed by the leaseholders.
Two months into buying a house in Cawthorne. Conveyancing lawyer has told us the property is "Leasehold". Should this make a difference on the salability of the property?
Cawthorne conveyancing does not ordinarily involve leasehold houses. The key factor here is the unexpired lease term and the ground rent. If it's 999 years with a nominal rent, it's virtually freehold, so it’s unlikely to affect the value significantly.
On the flip side, if it's, say, Sixty years it is bound to have a adverse effect on the value, and probably wouldn't be mortgageable. The length of lease and ground rent will be set out in the lease provided to your property lawyer.