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Ready to buy a new home in Devon? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Devon conveyancing at risk of delay or failure.

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Recently asked questions about conveyancing in Devon

Having been told to check out your organisation we were going to go ahead with a conveyancing solicitor in Devon listed using your comparison tool but stumbled across some other quotes via the web seem less expensive – how come?

You can find plenty of solicitors advertising pretending to offer cheap conveyancing, yet more often than not supplementalfees end up with the completion invoice being inflated. According to the Legal Ombudsman charges contained in terms and conditions should be honest and reasonable raised The solicitors that we put forward for conveyancing in Devon specify all costs for the property you intend topurchase.

I am helping my mother sell her flat in Devon. Will the conveyancer commission the energy performance certificate or do I organise this?

After the abolition of Home Information Packs, energy performance certificates was left as a compulsory part of selling a house. An EPC needs to be commissioned in advance of the property being marketed. This is not as aspect of the sale process that law firms ordinarily arrange. If you are using a Devon conveyancing solicitor they might be willing to arrange energy performance certificates given their relationships with reputable Devon energy assessors

Can you help - my lawyer advises that absentee landlord insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Devon?

The right level of absentee landlord indemnity insurance depends on who your lender is. It would differ for example between Halifax and Virgin Money. Conveyancing lawyers as opposed to members of the public take out such insurances.

I am purchasing a property in Devon. One unusual aspect is that the roof has a solar panel. Santander have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that you are obtaining a mortgage with Santander your lawyer must check the conveyancing instructions contained in Part 2 of UK Finance Lenders’ Handbook for Santander. The CML Handbook includes minimum specifications for solar panel roof-space leases, and property lawyers are required to report to Santander where a lease fails to satisfy these requirements. The provisions relate to the installation of panels on properties nationwide and is not limited to Devon.

How does conveyancing in Devon differ for newly converted properties?

Most buyers of new build residence in Devon come to us having been asked by the seller to exchange contracts and commit to the purchase even before the premises is built. This is because builders in Devon tend to buy the land, 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 Devon or who has acted in the same development.

I decided to have a survey completed on a property in Devon in advance of appointing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor advised that some banks may not give a loan on a flying freehold house.

It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Devon. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Devon to see if the conveyancing costs will increase in light of this.

Should one remove a departed person's name from the title deeds for a property in Devon?

If a Devon property is jointly owned and one of the owners passes away, their name will not immediately be removed from the Land Registry title. It is not necessary to amend the title as when it comes to a sale you would simply be asked to evidence why the co owner is missing from the transfer, such as the probate documents.

With the aim of making things smoother in the future you can arrange to have the deceased name removed from the title by applying to HMLR with proof of the death. There is no land registry fee payable.

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