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Recently asked questions about conveyancing in Countesthorpe

What is the difference between a licensed conveyancer and conveyancing solicitor in Countesthorpe

There are many registered licenced Conveyancers in Countesthorpe and Solicitor practices in Countesthorpe offering conveyancing We would stress that both are supervised by regulatory bodies with both specialising in the legal aspects of the home buying process. The two can deal with other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.

I am helping my sister sell her property in Countesthorpe. Will the conveyancing solicitor arrange an EPC or do I organise this?

Following the demise of HIPs, energy performance certificates remained a compulsory element of moving property. An EPC must be to hand before the property is marketed. It is not as aspect of the sale process that lawyers ordinarily organise. If you are instructing a Countesthorpe conveyancing practitioner they might help arrange energy performance certificates due to their relationships with reputable local assessors

We previously instructed conveyancing lawyers locally in Countesthorpe on the RBS solicitor approved list. They have just invoiced me an additional charge for the legal aspects of the RBS mortgage. Is this an additional conveyancing fee specified by RBS?

Provided it is contained in their Terms of Engagement or estimate then yes your solicitor can charge a fee for this. This charge is not dictated by RBS but by your Countesthorpe lawyer. Some firms on the RBS panel will quote ’dealing with mortgage’ fee and others do not.

Will our lawyer be raising enquiries about flooding as part of the conveyancing in Countesthorpe.

Flooding is a growing risk for solicitors specialising in conveyancing in Countesthorpe. There are those who acquire a house in Countesthorpe, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.

Solicitors are not qualified to offer advice on flood risk, however there are a various searches that can be initiated by the purchaser or on a buyer’s behalf which should give them a better understanding of the risks in Countesthorpe. The standard property information forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the vendor to determine if the premises has suffered from flooding. If flooding has previously occurred and is not disclosed by the seller, then a purchaser may issue a claim for damages stemming from an misleading answer. The purchaser’s lawyers should also commission an environmental search. This will indicate if there is a recorded flood risk. If so, further inquiries should be initiated.

About to purchase a new build flat in Countesthorpe. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Countesthorpe

    Forfeiture - bankruptcy or liquidation must not apply under this provision. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. 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.

We're new to the buying process - had an offer accepted, but the estate agent told us that the vendor will only go ahead if we instruct the agent's preferred solicitors as they need an ‘expedited deal’. Our preferred option is to instruct a local solicitor used to conveyancing in Countesthorpe

It is unlikely the vendors are driving this. Should the owner desire ‘a quick sale', alienating a motivated buyer is not the way to achieve this. Speak to the vendors direct and make sure they understand (a)you are serious buyers (b)you are excited to move forward, with mortgage lined up © you have nothing to sell (d) you wish to move quickly (e)but you are going to appoint your own,trusted Countesthorpe conveyancing solicitors - not the ones that will earn the negotiator at the agency a commission or achieve conveyancing thresholds pre-set by senior management.

I work for a reputable estate agent office in Countesthorpe where we have experienced a number of flat sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Countesthorpe conveyancing firms. Could you clarify whether the seller of a flat can initiate the lease extension formalities for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Leasehold Conveyancing in Countesthorpe - Examples of Queries before buying

    On the whole the outlay for major works are not wrapped into the maintenance charges, albeit that there some managing agents in Countesthorpe ask leasehold owners to pay into a sinking fund and this is used to offset against larger works. Are any of leasehold owners in dispute over their service charge payments? Are there any major works in the near future that could add a premium to the service costs?

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