Just been in touch with my conveyancing lawyer in Dartmouth Park who acted for me 18 months ago requesting a conveyancing estimate based on an identical type of house sale & purchase (a leasehold property and a freehold premises) of similar values with a home loan from Skipton Building Society. I am now being charged twice the amount. Stick with what I know or do I seek out an alternative conveyancer?
The charges seem a tad high. Where you are happy to spend time contrasting quotes you could decrease the fees marginally by as much as a hundred pounds. On the other hand, providing that you were pleased with the service the firm offered you mightcome to regret choosing an an unknown lawyer. Remember to ensure that the conveyancer can also act for Skipton Building Society. Do use our search tool to find a Dartmouth Park conveyancing firm on the Skipton Building Society approved list of lawyers, which can often include conveyancing solicitors in Dartmouth Park.
My lawyer has identified a a legal deficiency with the lease for the apartment we are purchasing in Dartmouth Park. The other side have put forward title insurance as a workaround. We are content with insurance and will pay for it. Our lawyer says that he must be satisfied that the mortgage company is happy with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
It is a dozen years since I acquired my property in Dartmouth Park. Conveyancing solicitors have recently been retained on the sale but I can't locate the title deeds. Will this cause complications?
You need not be too concerned. Firstly there is a chance that the deeds will be retained by the lender or they may be archived with the solicitor who handled the purchase. Secondly in most cases the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Almost all conveyancing in Dartmouth Park relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Should our solicitor be raising enquiries about flooding as part of the conveyancing in Dartmouth Park.
The risk of flooding is if increasing concern for lawyers dealing with homes in Dartmouth Park. There are those who buy a house in Dartmouth Park, fully aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, but there are a various searches that may be carried out by the purchaser or on a buyer’s behalf which should figure out the risks in Dartmouth Park. The conventional set of completed inquiry forms given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a standard question of the vendor to discover if the property has suffered from flooding. In the event that flooding has previously occurred and is not disclosed by the owner, then a purchaser could bring a legal claim for losses as a result of such an misleading response. The purchaser’s conveyancers should also carry out an enviro search. This should reveal whether there is a recorded flood risk. If so, further investigations should be made.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Dartmouth Park is where the house is located. What do you suggest?
Flying freeholds in Dartmouth Park are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Dartmouth Park you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Dartmouth Park may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.