Our conveyancer has uncovered a defect with the lease for the flat we are purchasing in Potswood. The other side have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor says that he must ensure that the lender is happy with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the lender are the client. Your solicitor must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
What is your number one tip for finding a conveyancing solicitor in Potswood
It would be unwise to be swayed by the lowest Potswood conveyancing costs illustration. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in advance.
Two weeks ago we had a mortgage agreed in principle with Lloyds. Potswood conveyancing practitioners were chosen. What is the average time that one could expect to receive a mortgage offer from Lloyds?
Some lenders take longer than others. Have Lloyds completed the survey? Have you advised Lloyds as to your lawyers' details and checked that your lawyers are on the Lloyds conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I am purchasing a property in Potswood. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Lloyds be concerned?
Given that you are obtaining a mortgage with Lloyds your lawyer must check the conveyancing instructions set out in Part two of UK Finance Lenders’ Handbook for Lloyds. The CML Handbook contains minimum conditions for solar panel roof-space leases, and lawyers are required to report to Lloyds where a lease does not meet these provisions. The requirements relate to the installation of panels on properties nationwide and is not limited to Potswood.
I'm buying my first flat in Potswood benefiting from help to buy. The developers refused to budge the amount so I negotiated £7000 of fixtures and fittings instead. The house builders rep told me not disclose to my conveyancer about this extras as it would put at risk my mortgage with HSBC Bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the guidance of my in-laws I had a survey completed on a house in Potswood before instructing conveyancers. I have been advised that there is a flying freehold overhang to the house. Our surveyor advised that some banks may refuse to grant a mortgage on such a property.
It depends who your proposed lender is. Bank of Scotland has different instructions from Birmingham Midshires. If you call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Potswood. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 impact my business premises in Potswood and how can you help?
The particular law that you refer to gives protection to commercial tenants, giving them the dueness to make a request to court for a new lease and remain in occupation when the lease comes to an end. There are limited grounds where a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and assist with commercial conveyancing in Potswood