Is it the case that all Herne Bay CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing panel?
Some major banks and building societies now utilise the accreditation scheme as the starting point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of conveyancing solicitors.
After much negotiation I have agreed a price on a house in Herne Bay. My mortgage broker suggested a conveyancing practitioner. I paid an on account payment of £150. A couple of days later, the solicitor called me sheepishly admitting that they were not on the Lloyds conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Lloyds panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I've digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Herne Bay solicitor - who is on the UBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Herne Bay surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I am intent on selling our house in Herne Bay and according to the buyers it appears that there is a possibility that the property was built land that was not decontaminated. A high street Herne Bay conveyancer would know this is not the case. For the life of me I don't know why the purchasers instructed an internet conveyancing practice rather than a conveyancing solicitor in Herne Bay. Having lived in Herne Bay for 4 years we know that this is a non issue. Do we contact our local Authority to get clarification that there is no issue.
It sounds as though you may have a conveyancing firm already. Are they able to advise? 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)
I have been recommended by a few property agents in Herne Bay to locate a conveyancer using your seach tool. What’s the financial inducement for Estate Agents to market your lawyers over another?
We refuse to make any financial incentive for pointing buyers and sellers in our direction. We thought it would be too underhand a fee as home movers will think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
I am employed by a long established estate agency in Herne Bay where we see a few leasehold sales jeopardised as a result of leases having less than 80 years remaining. I have been given contradictory information from local Herne Bay conveyancing solicitors. Can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
I bought a 1st floor flat in Herne Bay, conveyancing having been completed half a dozen years ago. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding flats in Herne Bay with an extended lease are worth £211,000. The ground rent is £50 per annum. The lease runs out on 21st October 2087
You have 68 years remaining on your lease we estimate the price of your lease extension to range between £9,500 and £11,000 as well as plus your own and the landlord's "reasonable" professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more detailed investigations. Do not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not take any other action based on this information without first getting professional advice.
Me and my husband have just had an offer accepted on our first house in Herne Bay, and are now looking to get solicitors appointed. I have made use of the numerous rating based websites and the results are from all across the country. Is it essential to have a Herne Bay conveyancing practitioner local to our potential property? I am happy to do all the communicating over the web, but I am thinking at some point we may be required to physically go into the property lawyer's office to sign contracts?
The conveyancer does not need to be in Herne Bay, but opting for local means that you have the option to go in if needed, by way of example, if a signature is immediately necessary. Furthermore, a Herne Bay solicitor have established relationships with local agents and (if the vendor has instructed a local conveyancing practitioner) with them, which will help smooth the process.