My husband and I are acquiring a brand new duplex in Hailsham and my conveyancer is telling me that she has to the bank to disclose incentives from the seller. I am nearing the developer’s deadline to sign contracts and I have no desire to prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook specifications. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Completed the sale of my flat in Hailsham last December but the buyer keeps whats apping me complaining that their conveyancer is waiting to hear from mysolicitor. What should my lawyer have done following completion?
Following your house sale your lawyer is committed to deliver the transfer deeds and all additional paperwork to the buyer’s conveyancer. If applicable, your conveyancer should also evidence that the mortgage has been redeemed to the purchasers lawyers. There is unlikely to be post completion formalities peculiar conveyancing in Hailsham.
I have a decision in principle. The bank mentioned the home loan came with free conveyancing. Does this mean I have to use their panel lawyer as I would much rather use a local conveyancing solicitor in Hailsham?
Do check but the chances are that appoint one of their panel solicitors if you want the "fee-free" incentive. Call the bank to explore if they make available a monetary alternative. It is not unheard for a lender to give a £250 cashback as a further option in which case you could put that amount towards the cost for your conveyancing solicitor near Hailsham.
This question may be naive but I am unexperienced as a first time purchaser of a ground floor flat in Hailsham. Do I collect the keys to the premises on completion from my lawyer? If this is the case, I will find a High Street conveyancing solicitor in Hailsham?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the purchase money to the seller's solicitors, and shortly after the monies have arrived, you should be invited to pick up the keys from the selling Agents and move into your new home. Usually this happens between 1 and 3pm.
I happen to be the only recipient of my late mum's will with all property in now in my sole name, including the my former home in Hailsham. Conveyancing formalities meant that the Land Registry date was in June. I now wish to sell up. I do know about the CML six month 'rule', meaning my proprietorship could be regarded the same way as if I'd bought the house in June. Do I have to wait half a year to sell?
The CML handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be caught by that. Most banks would take a practical view as this provision principally exists to capture the purchase and immediately sell or the wholesaling and assigning of properties.
I can not work out if my lender requires a lease extension. I have called into my local Hailsham bank branch on numerous occasions and was told they are content with the situation and they will lend. My Hailsham conveyancing solicitor - who is on the bank conveyancing panel- called to say that they refuse to lend based on their specific requirements. Who do I believe?
Your conveyancing practitioner must comply with the CML Handbook Part 2 specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
In my capacity as executor for the will of my aunt I am disposing of a residence in Monmouth but I am based in Hailsham. My solicitor (who is 250 miles from mehas requested that I sign a stat dec before completion. Can you recommend a conveyancing solicitor in Hailsham to attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are based in Hailsham