My son-in-law is buying a newly built flat in Culcheth with a home loan from Barclays. His lawyer has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Barclays conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Barclays conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
There are plenty of conveyancing solicitors in Culcheth but how do I know who I should use?
Do not opt for the cheapest Culcheth conveyancing quote. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.
A colleague informed me that in buying a property in Culcheth there could be various restrictions limiting what one can do in terms of external alterations to the property. Is this right?
We are aware of a number of properties in Culcheth which have some sort of restriction or requirement of consent to external changes. Part of the conveyancing in Culcheth should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Culcheth solicitor - who is on the Santander conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Santander will need an independent valuation of the property. Your lawyer will not arrange this. Usually Santander will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Culcheth postcode. As you are getting a mortgage with Santander, you could contact them to see if they have a list of approved surveyors in Culcheth.
Will my conveyancer be raising enquiries about flooding as part of the conveyancing in Culcheth.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Culcheth. There are those who acquire a house in Culcheth, completely aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Lawyers are not qualified to impart advice on flood risk, but there are a various searches that may be undertaken by the buyer or by their lawyers which should give them a better appreciation of the risks in Culcheth. The conventional set of completed inquiry forms sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard question of the seller to determine whether the premises has suffered from flooding. In the event that flooding has previously occurred which is not revealed by the vendor, then a buyer could commence a claim for damages stemming from an misleading reply. A buyer’s lawyers should also commission an environmental search. This will disclose whether there is a recorded flood risk. If so, additional investigations will need to be carried out.
Are there restrictive covenants that are commonly identified during conveyancing in Culcheth?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Culcheth. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Taking into account that I will soon spend hundreds of thousands of pounds on a property in Culcheth I would like to have a conversation with the lawyer concerning thehome move in advance of appointing the firm. Is this something that you can arrange?
This is something that we encourage - we would be pleased to talk to you we do not take any clients on without you liaising with the conveyancer due to be conducting your conveyancing in Culcheth.There is no ‘factory style conveyancing’ - each client is unique individual, not a matter number. The solicitors that we put you in touch with believe that the fees you are calculated and presented to you for your conveyancing in Culcheth should be the figure that you end up paying.