Completed the sale of my flat in Cottenham last January yet the purchaser is telephoning me to moan that their conveyancer needs to hear from mine. What should my lawyer have done following completion?
Post completion of your sale your conveyancer should forward the transfer deeds and all of the paperwork to the buyer’s lawyers. Where relevant, your solicitor must also confirm that the home loan has been redeemed to the buyers solicitors. There are no post completion formalities peculiar conveyancing in Cottenham.
I used Arc property Solicitors several years ago for my conveyancing in Cottenham. Now, I need the files however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Cottenham of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build apartment in Cottenham. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Cottenham
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are surveyor prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Forfeiture - bankruptcy or liquidation must not apply under this provision.
We're FTB’s - agreed a price, but the agent told us that the vendor will only issue a contract if we use the agent's preferred lawyers as they are insisting on a ‘quick sale’. My instinct tells me that we should use a local solicitor who is familiar with conveyancing in Cottenham
We suspect that the seller is unaware of this request. If they require ‘a quick sale', alienating a serious purchaser is not the way to achieve this. Bypass the agents and go straight to the owners and make sure they understand (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)however you are going to use your preferred Cottenham conveyancing solicitors - not the ones that will provide their negotiator at the agency a kickback or achieve conveyancing figures demanded by head office.
Last February I purchased a leasehold house in Cottenham. Am I liable to pay service charges for periods before completion of my purchase?
Where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Cottenham Leasehold Conveyancing - Examples of Questions you should consider before Purchasing
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Please note if it is fewer than 80 years it will impact the salability of the flat. It is worth checking with your bank that they are happy with the length of the lease. Leases with less than 80 years remaining means that you will most likely have to extend the lease at some point and it is worth discovering what this would cost. For most Cottenhamlease extensions you will need to own the premises for two years before you are eligible to exercise a lease extension. Is anyone aware of any major works anticipated that will add a premium to the maintenance charges?