My partner and I are nearing an exchange on a house in Hackney and my mum and dad have transferred the exchange deposit to my lawyer. I am now advised that as the deposit has not come from me my conveyancing practitioner needs to disclose this to my mortgage company. Apparently, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I informed the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to delay the deal?
The solicitor is duty bound to check with lender to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only disclose this to your bank if you agree, failing which, your lawyer must cease to continue acting.
I am assisting my aunt sell her property in Hackney. Will the conveyancing solicitor arrange the energy performance certificate or do I organise this?
Following the abolition of HIPs, energy assessments was retained a compulsory part of selling a property. An energy performance certificate needs to be commissioned in advance of the property being put on the market. This is not a task that conveyancers normally organise. Where you are instructing a Hackney conveyancing practitioner they may be able to arrange energy assessments given their contacts with long established local accredited person
Have just purchased a probate house at auction in Hackney. Conveyancing is needed. What happens now?
Given that you are now exchanged you will need to hire the services of a conveyancing solicitor as a matter of urgency as you are faced with a pending deadline in which to complete the purchase. Every auction property should have a corresponding legal set of papers. This should include most,if not all of the documents that your solicitor requires. If you have purchased leasehold property the legal pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation specific to leasehold premises. You must give this to the conveyancer instructed by you ASAP. Do make sure that you have funds in place to complete the transaction on the set completion date.
is it true that all Hackney conveyancing solicitors on the Barclays conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Barclays conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do allow licenced conveyancers on their panel and in that case the organisation would be governed by the Council of Licensed Conveyancers.
I am close to exchanging contracts on the sale of our property in Hackney and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. Any high street Hackney conveyancer would know this is not the case. For the life of me I don't know why the purchasers used a nationwide conveyancing outfit as opposed to a conveyancing solicitor in Hackney. We have lived in Hackney for 5 years we know of no issue. Do we get in touch with our local Authority to seek clarification that the buyers are looking for.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You must check with 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 sickness)
Are there restrictive covenants that are commonly identified during conveyancing in Hackney?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Hackney. 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…’
Due to the advice of my in-laws I had a survey completed on a house in Hackney prior to instructing solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies will not give a mortgage on a flying freehold house.
It varies from the lender to lender. Lloyds has different instructions from Nationwide. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hackney. Conveyancing will be smoother if you use a solicitor in Hackney especially if they are accustomed to such properties in Hackney.