I am selling my ground floor flat in Rhyl and the estate agent has just e-mailed to warn that the purchasers are switching conveyancer. The excuse is that the lender will only engage with solicitors on their approved list. On what basis would a big named mortgage company only engage with specific law firms rather the firm that they want to select to handle their conveyancing in Rhyl ?
Mortgage companies have always had an approved set of law firms they are willing to work with, but in the last few years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 15 years.
Mortgage companies point to the increase in fraud by way of justification for the cull – criteria have been stiffened as a smaller panel is easier to oversee. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society claims that it is being contacted daily by practices that have been removed from panels. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any sway in the decision.
I am hoping to complete my purchase in Rhyl next Monday. I have now been asked to send a copy of my building insurance schedule by my solicitor as he says that he has to check this in his capacity as lawyer for the lender. What risks does the mortgage company expect the insurance to cover?
All property lawyers on acting for mortgage companies would need to check that the following risks are covered fire; lightning; aircraft; explosion; earthquake; storm; flood; escape of water or oil; riot; malicious damage; theft or attempted theft; falling trees and branches and aerials; subsidence; heave;landslip;collision;accidental damage to underground services;professional fees, demolition and site clearance costs; and public liability to anyone else. There are some other issues such as the level of excess that are set out in a lender’s UK Finance Lenders’ Handbook conditions. These requirements are not specific to conveyancing in Rhyl.
Should our solicitor be raising questions concerning flooding as part of the conveyancing in Rhyl.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Rhyl. There are those who acquire a house in Rhyl, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not qualified to give advice on flood risk, but there are a numerous checks that may be carried out by the buyer or by their solicitors which should figure out the risks in Rhyl. The standard information supplied to a buyer’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to determine whether the premises has historically flooded. In the event that the property has been flooded in past which is not revealed by the seller, then a purchaser may issue a compensation claim as a result of such an inaccurate response. The buyer’s conveyancers may also commission an environmental search. This should disclose if there is a recorded flood risk. If so, additional inquiries will need to be carried out.
Just had an offer accepted on a new build flat in Rhyl. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Rhyl
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Please supply a car parking plan. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? There must be mutual enforceability of lessee’s covenants.
Should I go with a Rhyl conveyancing practitioner who is local to the property I am buying? I have an old university friend who can handle the legal work however his firm is located 400kilometers drive away.
The primary upside of using a local Rhyl conveyancing practice is that you can drop in to execute documents, present your identification documents and apply pressure on them where appropriate. They will also have local knowledge which is a bonus. However it's more important to get someone that will do a good and efficient job. If if people you trust used your friend and on the whole were content that must outweigh using an unfamiliar Rhyl conveyancing lawyer just because they are Rhyl based.