The owners have very brash vendors who has recommended a lock out contract with a deposit 6,000. Is it wise to enter into such agreements?
There are a couple of main downsides with executing a lock out agreement (sometimes referred to as an exclusivity agreement) is that it takes away the focus from making progress with the conveyancing work, so in the absence of it needing little or no negotiation then it could turn out to be a cause of frustration and delay. It is not strongly advocated by Kent conveyancing practitioners for this reason. The other main negative is the extent of the remedies available - a jilted purchaser is extremely unlikely to be issued with an injunction to stop the owner selling to a third party, so the only remedy available under the contract will be the reimbursement of wasted charges and, in rare situations, the extra payment of penalties.
I purchased a freehold premises in Kent yet charged rent, why is this and what is this?
It is rare for properties in Kent and has limited impact for conveyancing in Kent but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges have existed for many centuries, but the Rent Charge Act 1977 barred the establishment of new rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
Does a directory service exist listing RBS panel solicitors in Kent on the Council of Mortgage Lender’s Website?
No. There is no such tool on the CML or Building Society Association sites. A small selection of lending institutions make their panel listings open the public over the internet. If you are looking for a Kent property lawyer on the RBS please use our tool.
Two weeks ago we had a mortgage agreed in principle with Aldermore. Kent conveyancing practitioners have been chosen. What is the average time that one could expect to receive a mortgage offer from Aldermore?
There is no definitive answer here. Have Aldermore done the survey? Have you advised Aldermore as to your lawyers' details and checked that your lawyers are on the Aldermore conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I am buying a property in Kent. A rare aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is RBS your lawyer must comply with the formal requirements contained in Part two of UK Finance Lenders’ Handbook for RBS. The CML Handbook sets out minimum requirements for solar panel roof-space leases, and solicitors are required to report to RBS where a lease does not meet these provisions. The conditions relate to the installation of panels on properties nationwide and is not isolated to Kent.
I opted to have a survey completed on a house in Kent before retaining lawyers. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some banks tend refuse to give a loan on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. If you e-mail us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Kent. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Kent to see if the conveyancing will be more expensive.
Me and my husband have recently had an offer agreed on a apartment and had meeting on Tuesday with Leeds Building Society for the mortgage. They advised me that when it comes to choosing a property lawyer that if they are not on their approved list of conveyancers then we will have to pay out a further fee of £200. This is because they will then have to appoint a property lawyer to act on their behalf in addition to the one we select for ourselves and we assume responsibility for their costs. I have requested Leeds Building Society to provide me with a list so I can request estimates only from their approved lawyers but was told they dont have such a list to hand over. What would be the best way of going about this?
Ask Leeds Building Society what their panel criteria is for a solicitor.Thereafter ask the conveyancer of your choice whether they fit that criteria and have they acted on loans for Leeds Building Society in the past. Where the answer to those is yes, then just clarify this with Leeds Building Society. Another option is to utilise our search facility and we may be able to identify a property lawyer in Kent on the approved list for Leeds Building Society.