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Ready to buy a new home in Cornwall? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Cornwall conveyancing at risk of delay or failure.

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Recently asked questions about conveyancing in Cornwall

As a novice what is the most important advice you can impart about purchase conveyancing in Cornwall?

You may not hear this from too many lawyers but conveyancing in Cornwall and elsewhere in England and Wales is often a confrontational process. Put another way, when it comes to conveyancing there exists plenty of opportunity for conflict between you and others involved in the home moving process. For example, the vendor, property agent and on occasion a lender. Selecting a lawyer for your conveyancing in Cornwall an important selection as your conveyancer is your adviser, and is the SOLE party in the legal process whose interest is to act in your legal interests and to keep you safe.

Sometimes a third party with a vested interest will try and convince you that it is in your interests to do things their way. For instance, the estate agent may claim to be assisting by suggesting your solicitor is wrong. Or your financial adviser may tell you to do something that is against your conveyancers guidance. You should always trust your lawyer above all other parties in the conveyancing process.

Have just purchased a repossessed house at auction in Cornwall. Conveyancing is required. What are my next steps?

Having to all intents and purposes signed on the dotted line you will need to retain a conveyancing practitioner soon as you are facing a tight deadline in which to complete the property. All auction property should have a bespoke auction set of papers. This will likely include most,if not all of the documents that your lawyer requires. Where you are dealing with leasehold property the conveyancing pack should provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork relating to leasehold premises. You should hand this to your appointed conveyancing solicitor ASAP. Do make sure that your finances are organised to complete on the date specified in the contract.

I am planning to move property in September. Should my conveyancing solicitor call the removal company on the completion day. As an aside, can you put forward a removal company in Cornwall. Conveyancing lawyer was chosen prior to coming across this website.

On the afternoon of completion you can pick up the house keys from the property agent but this should only take place when the sellers conveyancers inform the agent that they have the completion monies and the keys can be handed over. You will need to advise the removal men that you are ready to move in. As a matter of policy we do not recommend a particular removal organisation but can assist you in locating a residential property solicitor in Cornwall or a solicitor with expertise in conveyancing in Cornwall.

I recently had an offer agreed on an apartment in Cornwall. My mortgage broker recommended their conveyancers. I paid an upfront payment of £225. Soon after, the conveyancer called me to say that they were not on the Leeds Building Society conveyancing panel. Am I right in thinking that I should be due a refund?

You should be able to recover this from the law firm if they were not on the Leeds Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.

Will our solicitor be making enquiries concerning flooding as part of the conveyancing in Cornwall.

The risk of flooding is if increasing concern for solicitors dealing with homes in Cornwall. There are those who purchase a property in Cornwall, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.

Solicitors are not best placed to offer advice on flood risk, however there are a numerous searches that may be initiated by the buyer or on a buyer’s behalf which will give them a better understanding of the risks in Cornwall. The standard information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the vendor to discover whether the property has suffered from flooding. If flooding has previously occurred and is not disclosed by the vendor, then a buyer may bring a claim for damages as a result of such an incorrect answer. The purchaser’s solicitors may also commission an environmental search. This will indicate if there is a recorded flood risk. If so, further investigations will need to be conducted.

How does conveyancing in Cornwall differ for new build properties?

Most buyers of new build property in Cornwall contact us having been asked by the developer to sign contracts and commit to the purchase even before the residence is ready to move into. This is because house builders in Cornwall typically acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Cornwall or who has acted in the same development.

My partner has recommend that I appoint his conveyancing solicitors in Cornwall. Should I find my own solicitor?

There are no two ways about it the ideal way to find a conveyancing solicitor is to seek feedback from friends or relatives who have experience in using the conveyancer that you are considering.

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