Completed the sale of my flat in Emsworth last October yet the purchaser is SMS messaging every few hours to say her conveyancer is waiting to hear from mine. What should have happened now that I have sold?

Post completion of your disposal your conveyancer should deliver the transfer deeds and all of the paperwork to the purchaser's conveyancer. Where relevant, your solicitor must also send confirmation that the mortgage has been redeemed to the purchasers conveyancers. There is unlikely to be post completion requirements specific conveyancing in Emsworth.

Should my lawyer be raising enquiries regarding flooding during the conveyancing in Emsworth.

Flooding is a growing risk for solicitors dealing with homes in Emsworth. Plenty of people will purchase a property in Emsworth, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.

Solicitors are not qualified to offer advice on flood risk, however there are a number of searches that may be initiated by the purchaser or on a buyer’s behalf which should figure out the risks in Emsworth. The conventional set of property information forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to determine whether the property has historically flooded. If the premises has been flooded in past which is not notified by the vendor, then a purchaser may commence a compensation claim resulting from an inaccurate answer. A buyer’s solicitors should also commission an environmental search. This will reveal whether there is any known flood risk. If so, more detailed inquiries will need to be carried out.

Have completed on a a semi-detached house in Emsworth , how long will it take for the Land Registry to deal with the formalities evidencing the transfer to my name? My Emsworth conveyancing solicitor works at snail pace, so I want to be certain that my purchase is registered.

As far as conveyancing in Emsworth is concerned, registration is no quicker or slower than the rest of the country. Rather than based on location, timeframes can adjust subject to the party submitting the application, whether there are errors and whether the Land registry must send notices to any other parties. As of today approximately three quarters of submission are completed within two weeks but some can be subject to longer delays. Historically registration is effected once the buyer is living at the property thus post completion formalities is not usually an essential issue but where it is urgent that the the registration takes place urgently then you or your conveyancer can speak with the land registry and explain the circumstances.

I'm purchasing a new build house in Emsworth benefiting from help to buy. The builders refused to reduce the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep suggested that I not reveal to my conveyancer about the extras as it would put at risk my mortgage with Accord Mortgages Ltd. Should I keep quiet?.

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.

What are the common problems that you witness in leases for Emsworth properties?

There is nothing unique about leasehold conveyancing in Emsworth. Most leases are drafted differently and legal mistakes in the legal wording can result in certain clauses are missing. The following missing provisions could result in a defective lease:

Maintenance charge proportions which don’t add up to the correct percentage Insurance obligations

A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Barclays , The Mortgage Works, and Aldermore all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, obliging the buyer to withdraw.

Leasehold Conveyancing in Emsworth - Sample of Queries before Purchasing

How long is the Lease? Please note if it is less than eighty years it will affect the salability of the apartment. It is worth checking with your mortgage company that they are content with residual term of the lease. Leases with less than 80 years remaining means that you will almost definitely have to extend the lease at some point and it is worth discovering how much this would cost. Remember, in most cases you would be be obliged to have owned the premises for a couple of years in order to be legally able to carry out a lease extension. It is important to be aware whether fixing the lift or some other major work is due shortly that will be shared by the leaseholders and will dramatically increase the the service charges or require a one time invoice.