My god-son is buying a newly built flat in Garforth with a home loan from Kent Reliance. His solicitor has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Kent Reliance conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Kent Reliance conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
We previously selected conveyancing lawyers based in Garforth on the Santander solicitor panel. They are now charging me a supplemental charge for the legal aspects of the Santander mortgage. Is this a supplemental conveyancing fee specified by Santander?
Unfortunately, as long as it is in their Terms and Conditions or estimate then yes your property lawyer can charge a fee for this. This fee is not dictated by Santander but by your Garforth conveyancing practitioner. Numerous firms on the Santander panel will quote ’dealing with mortgage’ fee but some firms incorporate it on their overall fee.
I had a mortgage agreed in principle with TSB. Garforth conveyancing lawyers have been appointed. What is the average time that one could expect to receive a mortgage offer from TSB?
There is no definitive answer here. Have TSB done the survey? Have you advised TSB as to your lawyers' details and checked that your lawyers are on the TSB conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
It is not clear whether my mortgage offer requires a lease extension. I have called into my local Garforth bank branch on various occasions and was told it does not affect the mortgage offer and they will lend. My Garforth conveyancing solicitor - who is on the bank conveyancing panel- called and was told they refuse to lend based on their specific requirements. Who do I believe?
Provided that the lawyer is on the lender panel, they must follow the CML Handbook specifications for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Garforth?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Garforth. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I decided to have a survey done on a house in Garforth before retaining lawyers. I have been told that there is a flying freehold element to the property. The surveyor advised that some banks may refuse to issue a loan on a flying freehold premises.
It varies from the lender to lender. HSBC has different requirements from Nationwide. Should you wish to call us we can check with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Garforth. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Garforth to see if the conveyancing costs will increase in light of this.
Taking into account that I will soon spend 450k on a garden flat in Garforth I would like to talk to a solicitor about myhouse move prior to instructing the firm. Can this be arranged?
Absolutely - it is our preference to talk to you we do not take any clients on without you speaking to the solicitor due to be doing your property ownership legalities in Garforth.There is no ‘factory style conveyancing’ - every client is unique person, not a matter number. The solicitors that we put you in touch with believe that the figure you are calculated and presented to you for your conveyancing in Garforth should be the figure that you are charged.