Is the fact that my solicitor in Rayleigh is not listed on my bank's conveyancing panel that there is a problem with the standard of the firm’s work?

It would be unwise to jump to that conclusion. There are all sorts of perfectly plausible explanations. Just recently a report by the solicitors regulator indicated that over three quarters of law firms surveyed had been removed from at least one lender panel. The most common reasons for removal are: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Rayleigh conveyancing firm and enquire why they are no longer on the approved list for your bank.

My Rayleigh lawyer has discovered an inconsistency between the information in the valuation survey and what is in the conveyancing documents. My lawyer says that he is duty bound to check that the lender is happy with this discrepancy and is still content to lend. Is my lawyer’s course or action right?

Your lawyer must comply with the UK Finance Lenders’ Handbook provisions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.

Should commercial conveyancing searches disclose proposed roadworks that could impact a commercial land in Rayleigh?

Its becoming the norm that commercial conveyancing solicitors in Rayleigh will carry out a SiteSolutions Highways report as it reduces the time that conveyancers invest in investigating accurate data on highways that impact buildings and development assets in Rayleigh. The search result sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Rayleigh.

For each commercial conveyancing transaction in Rayleigh it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Rayleigh commercial conveyancing transactions as well as present a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Rayleigh.

I'm purchasing a new build house in Rayleigh with the aid of help to buy. The sellers refused to budge the amount so I negotiated 6k of fixtures and fittings instead. The estate agent told me not disclose to my conveyancer about the deal as it would affect my loan with the bank. Do I keep my lawyer in the dark?.

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.

What are the common defects that you see in leases for Rayleigh properties?

There is nothing unique about leasehold conveyancing in Rayleigh. Most leases are drafted differently and legal mistakes in the legal wording can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:

Repairing obligations to or maintain parts of the premises

You may have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, The Mortgage Works, and Alliance & Leicester all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.

Rayleigh Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing

Its a good idea to discover as much as you can concerning the company managing the block as they will either make living at the property much simpler or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues like the tidiness of the communal areas. Enquire of other tenants if they are happy with their service. In conclusion, investigate as to the dates that the maintenance fees are due to the managing agents and specifically what you get for your money. This information is important as a) areas can cause problems for the block as the common areas may begin to deteriorate if repairs are not paid for b) if the tenants have a dispute with the running of the building you will want to have complete disclosure If a Rayleigh lease has less than 80 years it will impact the marketability of the apartment. Check with your mortgage company that they are content with residual term of the lease. A short lease means that you will almost definitely need a lease extension at some point and you need to have some idea of what this would cost. Remember, in most cases you will be required to have owned the residence for two years before you are eligible to extend the lease.