The Essex conveyancing firm that I recently instructed on my purchase in Essex have without warning shut down. I chose them because I had to have a solicitor on the Virgin Money conveyancing panel and my previous Essex lawyer was not. I paid them 275 plus VAT in advance. What do I do now?
If you have an estate agent involved then inform them immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Virgin Money conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
A colleague advised me that in buying a property in Essex there may be various restrictions affecting the ability to carry out external changes to the property. Is this right?
We are aware of anumerous of properties in Essex which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Essex should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am selling my house. I had a double glazing fitted in October 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, RBS are being difficult. The Essex solicitor who is on the RBS conveyancing panel is saying indemnity insurance will be fine but RBS are requiring a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
At last I have had an offer on a flat in Essex accepted, but there is a chain. The sellers have offered on a flat, but it’s not been accepted yet, and are looking at other properties in the pipeline. I have selected a high street conveyancing solicitor in Essex. What should be my next step? At what stage do I apply for the mortgage with Skipton?
It is understandable to have anxieties where there is a chain as you are unlikely to want to incur costs too early (mortgage application is in the region of one thousand pounds, then valuation, Essex conveyancing search costs, etc). The first thing to do is check that your solicitor is on the Skipton conveyancing panel. Concerning the next stages this very much depends on the uniqueness of your case, desire for the property and on the state of the market. During a rising market some purchasers will apply for the mortgage with Skipton and pay for the valuation and only if it comes back ok would they request their property lawyer to move forward with searches.
I am planning on selling our home in Essex and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. A local conveyancer would know that there is no such problem. For the life of me I don't know why the buyers instructed a nationwide conveyancing outfit rather than a conveyancing solicitor in Essex. We have lived in Essex for many years we know of no issue. Do we contact our local Authority to seek clarification need.
It sounds as though you may have a conveyancing firm already. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what was supposed to be a simple, no chain conveyancing. Essex is where the house is located. What do you suggest?
Flying freeholds in Essex are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Essex you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Essex may determine 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.
Due to sign contracts shortly on a basement flat in Essex. Conveyancing solicitors have said that they are sending me a report on Monday. Are there areas in the report that I should be focusing on?
The report on title for your leasehold conveyancing in Essex should include some of the following:
You should know if the lease allows you to change or upgrade anything in the premises- you must be made aware as to whether any restrictions applies to all alterations or just structural alteration, and whether licences for alterations is required The landlord’s rights to access the premises. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Specifying your legal entitlements in respect of common areas in the block.E.G., does the lease contain a right of way over a path or staircase? Where does the liability rest for repairing the window frames Does the lease prevent you from letting out the property, or working from home
Essex Leasehold Conveyancing - A selection of Questions you should ask before buying
How many of the leaseholders are in arrears for their maintenance charge payments? Generally speaking the cost for major works are not incorporated into the maintenance charges, albeit that there some managing agents in Essex obliged leaseholders to pay into a sinking fund and this is used to offset against major works.