The sellers of the home we are looking to purchase hired a conveyancing firm in Middleton who has suggested a preliminary agreement with a non-refundable deposit 10k. Are such agreements sensible?
Exclusivity agreements are agreements binding a property seller and prospective acquirer granting the buyer a ‘clear field’ to the sale of the premises within an agreed time frame. Essentially, an exclusivity agreement is a contract specifying that you should be issued with a contract at a later date being the main conveyancing contract. It is generally utilised for buyer protection though in some cases, the proprietor may enjoy an upside from such agreements as well. There are various positives and negatives to having them but you should to check with your conveyancer but note that it may result in costing you more in conveyancing charges. In light of this these contracts are avoided in relation to conveyancing in Middleton.
I am due to exchange contracts on my apartment. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Skipton are being a right pain. The Middleton solicitor who is on the Skipton conveyancing panel is saying indemnity insurance will be fine but Skipton are requiring a building regulation certificate. Why do Skipton have a conveyancing panel if they don't accept advice from them?
It is probably the case that Skipton have referred the matter to their valuer. The reason why Skipton may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
My offer was accepted on a property in Middleton on 13/3/2019, valuation was booked 3 days later, all came back fine. Property lawyer retained, so the only thing outstanding was my mortgage offer. Having made daily calls to HSBC and chasing them on my offer, I have now been told that my offer will not be issued unless the lawyer is on the HSBC conveyancing panel. Can the lender hold off the offer?
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for HSBC to deal with your lawyer's application to be on the HSBC conveyancing panel. There's no guarantee that your solicitor will be accepted.
I have instructed a Middleton conveyancer having made sure that they are on the Kent Reliance conveyancing panel. Does my lawyer arrange the survey of the property?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance 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 Middleton 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.
My partner and I are intent on selling our house in Middleton and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. A local lawyer would know that there is no such problem. It does beg the question why the purchasers are using a web based conveyancing outfit rather than a conveyancing solicitor in Middleton. Having lived in Middleton for many years we know of no issue. Should we get in touch with our local Authority to get confirmation need.
It sounds as though you may have a conveyancing firm currently acting for you. Are they able to advise? You should enquire of 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 life insurance to cover that same illness)
Am I right to be suspicious about estate agents that I am dealing with are recommending a nationwide conveyancing firm as opposed to a local Middleton conveyancing company?
As with lots of professional services, often recommendations from connections can be worth their weight in gold. But there are lots of people with a keen interest in a conveyancing transaction; estate agents, mortgage brokers and mortgage companies may put forward conveyancers to retain. On occasion the conveyancers might be known to one of the organisations as being good in their field, but occasionally there exists a financial incentive behind the recommendation. You have the right to appoint your preferred conveyancer. You need to be aware that some mortgage providers specify a panel list of lawyers you are obliged to use for the mortgage related work in your conveyancing.
We are in the process of acquiring a flat in Middleton. Conveyancing is not over but we would like keep the amount we are are purchasing for a secret from sites such as Zoopla. Is this achievable and how?
The Land Registry are legally bound to note price paid data on the official title for domestic properties nationwide including premises in Middleton. The register of title is an open document, so HM Land Registry would be breaching their statutory duty excluded specific properties such as your property in Middleton.
You can ask the Land Registry to withhold the price paid data but the answer will be a No.