Do lawyers request money up-front when it comes to conveyancing in Culcheth?

Where you are retaining lawyers for conveyancing in Culcheth your solicitor will request that you place them with funds to cover the the cost of the conveyancing searches. This will be the total of the cost of the conveyancing searches. If any down payment is as part of the total price then this should be required shortly ahead of exchange of contracts. The final balance that is due will be payable a few days prior to the day of completion.

Is it correct that all Culcheth CQS (Conveyancing Quality Scheme) solicitors are on the Leeds Building Society conveyancing list of approved practices?

Some major banks and building societies now make use of CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.

The formalities of my remortgage has taken place for my property in Culcheth. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?

Almost all lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.

I am selling my flat. I had a double glazing fitted in December 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Coventry BS are being a right pain. The Culcheth solicitor who is on the Coventry BS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?

It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

How does conveyancing in Culcheth differ for new build properties?

Most buyers of new build premises in Culcheth contact us having been asked by the developer to sign contracts and commit to the purchase even before the premises is finished. This is because new home sellers in Culcheth tend to purchase the site, 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 Culcheth or who has acted in the same development.

I decided to have a survey completed on a property in Culcheth in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some banks may not give a mortgage on such a house.

It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. Should you wish to telephone us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Culcheth. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Culcheth to see if the conveyancing costs will increase in light of this.

I am a negotiator for a long established estate agency in Culcheth where we see a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have been given inconsistent advice from local Culcheth conveyancing solicitors. Could you shed some light as to whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as 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 wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

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.

Culcheth Conveyancing for Leasehold Flats - A selection of Queries before buying

How much is the service charge and ground rent on the flat? Does the lease have more than 82 years unexpired? It would be wise to discover as much as you can concerning the company managing the block as they will either make your living at the property much simpler or a lot more difficult. Being a leasehold owner you will be at the mercy of the managing agents both financially and when it comes to practical issues such as the cleanliness of the communal areas. You should not be afraid to ask other tenants what they think of them. Finally, be sure you discover the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.