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Recently asked questions about conveyancing in Deal

My partner and I are getting closer to an exchange on a flat in Deal and my parents have sent the exchange deposit to my conveyancer. I am now told that as the deposit has not arrived from me my solicitor needs to disclose this to my bank. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I informed the mortgage company concerning my parents' contribution when I applied for the home loan, so is it really necessary for this now to hold matters up?

The conveyancer is duty bound to clarify with the bank to ensure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only report this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.

3 months have elapsed following my purchase conveyancing in Deal concluded. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £160,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Deal is where the house is located. Can you offer any guidance?

Flying freeholds in Deal are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Deal you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Deal 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 residence.

What makes a Deal lease unacceptable for security purposes?

Leasehold conveyancing in Deal is not unique. Most leases are unique and drafting errors can sometimes mean that certain provisions are missing. The following missing provisions could result in a defective lease:

    A provision to repair to or maintain elements of the property Insurance obligations

You may encounter difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Santander, The Royal Bank of Scotland, and Platform Home Loans Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the buyer to pull out.

I invested in buying a leasehold flat in Deal, conveyancing formalities finalised January 2012. Can you give me give me an indication of the likely cost of a lease extension? Similar flats in Deal with over 90 years remaining are worth £201,000. The ground rent is £45 levied per year. The lease runs out on 21st October 2090

With only 65 years unexpired we estimate the premium for your lease extension to range between £13,300 and £15,400 as well as legals.

The suggested premium range above a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. You should not move forward placing reliance on this information before seeking the advice of a professional.

Builders have put forward a conveyancing practitioner and I've sought an estimate from them. They are almost £400 less expensive than my preferred Deal conveyancer. Should I use them?

Housebuilders normally have lists of property lawyers who are quick and who know the builder's paperwork and solicitor. As many developers offer an inducement to choose their approved property lawyer for this reason, any increased charges can be avoided and a developer won't recommend a conveyancing factory and run the risk of having the conveyancing stall when they need an exchange in 28 days. The argument for not opting for the suggested conveyancing practitioner is that they may be reluctant to 'push' your interests for fear of upsetting the developer. Where you have concerns that this may be the case you should remain with your local Deal solicitor.

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Find out more about how flying freehold can affect your the value of a property.