We are purchasing a new build apartment in Paignton and my solicitor is telling me that she has to the mortgage company to reveal incentives from the seller. I am under pressure to sign contracts and my preference is not to delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Why is leasehold purchase conveyancing in Paignton is more expensive?
Paignton leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
I am purchasing a 4 bedroom semi-detached house in Paignton. We would like to convert the garage to an office at the property.Will legal due diligence on the property include enquiries to see if these works are prohibited?
Your conveyancer will check the registered title as conveyancing in Paignton can sometimes reveal restrictions in the title documents which restrict certain alterations or need the consent of a 3rd party. Some additions require local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these issues with a surveyor before you commit yourself to a purchase.
We previously instructed solicitors located in Paignton on the Leeds Building Society solicitor panel. They have just billed me an additional fee for handling the Leeds Building Society mortgage. Is this a supplemental conveyancing fee set by Leeds Building Society?
Unfortunately, as long as it is in their Terms of Engagement or Quote then yes your conveyancer may levy a fee for this. The fee is not set by Leeds Building Society but by your Paignton solicitor. Numerous firms on the Leeds Building Society panel will charge ’dealing with mortgage’ fee and others do not.
We have agreed to purchase a house in Paignton. An unusual aspect is that the roof has a solar panel. Skipton 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 Skipton your lawyer must follow the formal instructions outlined in Part 2 of UK Finance Lenders’ Handbook for Skipton. The Council of Mortgage Lenders’ Handbook sets out minimum provisions for solar panel roof-space leases, and conveyancing practitioners are required to report to Skipton where a lease fails to meet these specifications. The conditions relate to the installation of panels on properties nationwide and is not isolated to Paignton.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a quick, chain free conveyancing. Paignton is where the house is located. Can you shed any light on this issue?
Flying freeholds in Paignton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Paignton you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Paignton may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
As co-executor for the will of my uncle I am disposing of a property in Swansea but I am based in Paignton. My conveyancer (approximately 250 miles awayhas requested that I execute a statutory declaration before the transaction finalising. Can you recommend a conveyancing solicitor in Paignton to witness this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will do regardless of whether they are Paignton based