The sellers of the house we are purchasing are using a conveyancing solicitor in Heath who has suggested a exclusivity agreement with a payment of 5k. Are such agreements sensible?
This kind of contract is not the norm in Heath, conveyancers are not keen on them as they detract from the main conveyancing focus and if you end up having your deposit forfeited then the lawyer at best left with an upset client and at worst a litigious one. Furthermore, there is no certainty that just because the proprietor has executed an exclusivity contract they will sell to you. They may breach the contract if they are offered sufficient financial inducement to do so because an aggrieved party with the benefit of a lockout agreement will still have to show losses as a consequence of the breach and these may not amount to the extra amount that the owner may gain by reneging on the contract, however morally condemnable it undoubtedly is.
Can you clarify what the consequences are if my solicitor is expelled from the Barclays Solicitor panel ahead of completing my conveyancing in Heath?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
I am purchasing a property in Heath. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Yorkshire BS be concerned?
As your lender is Yorkshire BS your lawyer must comply with the formal requirements contained in Part 2 of UK Finance Lenders’ Handbook for Yorkshire BS. The Council of Mortgage Lenders’ Handbook contains minimum conditions for solar panel roof-space leases, and property lawyers are required to report to Yorkshire BS where a lease does not comply with these requirements. The conditions relate to the installation of panels on properties countrywide and is not limited to Heath.
I have today made my last payment due on my mortgage with HSBC. I assume I don't need a Heath property lawyer on the HSBC panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your HSBC mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the HSBC mortgage from the register. HSBC, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Heath. I have a mortgage offer with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
I decided to have a survey done on a house in Heath in advance of retaining solicitors. I have been told that there is a flying freehold aspect to the property. The surveyor advised that some banks may not grant a mortgage on such a home.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Halifax. If you e-mail us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Heath. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Heath to see if the conveyancing will be more expensive.
My husband and I are 3 weeks into a residential purchase having been directed to solicitors by the high street agent to do our conveyancing in Heath. I am am starting to be disappointed with the level of service. Can you you assist me in finding new solicitors?
A conveyancer would have to be really bad to suggest changing them. Has the mortgage offer been generated? In the event that it has you must advise them of the new lawyer and ensure the offer are re-sent. The solicitor ideally should be on the lenders panel to avoid supplemental fees and frustration. That should be your first question of the new solicitors. Our search tool will assist you in finding a bank approved conveyancer for your conveyancing in Heath