What is the first thing I need to know about purchase conveyancing in Devon?
Not many law firms shout this from the rooftops but conveyancing in Devon and elsewhere in England and Wales is an adversarial process. Put another way, when it comes to conveyancing there is an abundance of room for confrontation between you and others involved in the ownership transfer. E.g., the vendor, property agent and sometimes the mortgage company. Appointing a law firm for your conveyancing in Devon an important selection as your conveyancer is your adviser, and is the ONLY party in the transaction whose responsibility is to act in your legal interests and to protect you.
There is a worrying creep in the "blame" culture- someone must be blamed for the process being so protracted. We recommend that you your first instinct should be to trust your solicitor ahead of the other parties in the home moving process.
I am purchasing a 3 bedroom semi in Devon. Our aim is to an extension at the rear at the property.Will the conveyancing process involve checks to see if these alterations are prohibited?
Your solicitor should check the registered title as conveyancing in Devon will occasionally reveal restrictions in the title documents which prohibit categories of changes or need the consent of a 3rd party. Certain extensions call for local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
We previously selected solicitors locally in Devon on the Bank of Ireland solicitor panel. They are now charging me an additional fee for dealing with the Bank of Ireland mortgage. Is this a supplemental conveyancing fee specified by Bank of Ireland?
Provided it is contained in their Terms of Engagement or estimate then yes your conveyancer can levy a fee for this. The fee is not set by Bank of Ireland but by your Devon property lawyer. Plenty of firms on the Bank of Ireland panel will charge an ‘acting for lender’ fee and others do not.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Devon conveyancer on the Santander panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
I am buying a new build house in Devon with the aid of help to buy. The developers would not move on the price so I negotiated 6k of additionals instead. The property agent told me not to tell my solicitor about the extras as it could adversely affect my mortgage with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My business partner and I are planning to take an assignment of a lease of a shop on the high street. Can you recommend conveyancers offering no-sale-no fees for non-domestic conveyancing in Devon for under £2000?
We are happy to recommend firms who host a wealth of experience of commercial conveyancing in Devon, including the sale and purchase of businesses as well as simply property. Whether you are hoping to buy or sell a shop, pub, restaurant, office, retail unit or a complete business we can put you in touch with the right firm. As for the costs this will depend on the structure and nuances of the deal. Let us have your details or phone so as to enable us to furnish you with a detailed commercial conveyancing calculation.
Me and my partner are about to complete buying a property in Devon but as a consequence of wreckage from the recent storms I have agreed compensation from the current proprietors of five thousand pounds taking the form of a deduction in the price. I had intended this to be addressed as part of the conveyancing process however the lender will not agree to this. Should they have been informed?
Your solicitor being on a bank approved list is duty bound to inform the bank of any variations to the sale amount. If you were to refuse your lawyer to disclose the reduction to your lender then they would have to discontinue representing you and the bank.