My husband and I are planning to acquire a 1 bedroom flat in Grange Over Sands with a mortgage. We would like to retain our Grange Over Sands conveyancer, however the bank advise she’s not on their "panel". It appears that we have no option but to instruct one of the mortgage company panel firms or retain our Grange Over Sands lawyer as well as pay for one of their panel firms to represent them. This feels very unfair; is there anything we can do?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Grange Over Sands conveyancing lawyer to apply to be on the conveyancing panel.
Our solicitor has discovered a defect with the lease for the flat we are buying in Grange Over Sands. The other side have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer says that he must check that the mortgage company is content with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the lender are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
Various web forums that I have come across warn that are the number one reason for obstruction in Grange Over Sands house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Searches are unlikely to feature in any holding up conveyancing in Grange Over Sands.
I am buying my first flat in Grange Over Sands with a loan from Leeds Building Society. The builders refused to budge the price so I negotiated 6k of additionals instead. The property agent advised me not disclose to my lawyer about the extras as it will adversely affect my loan with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder 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.
Can you offer any advice when it comes to appointing a Grange Over Sands conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for your lease extension (regardless if they are a Grange Over Sands conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We advise that you talk with two or three firms including non Grange Over Sands conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
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What are the charges for lease extension conveyancing? How familiar is the practice with lease extension legislation?
I purchased a studio flat in Grange Over Sands, conveyancing was carried out 10 years ago. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable properties in Grange Over Sands with an extended lease are worth £222,000. The average or mid-range amount of ground rent is £50 per annum. The lease ceases on 21st October 2096
With 70 years remaining on your lease we estimate the price of your lease extension to range between £9,500 and £11,000 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to provide a more accurate figure in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.