The Rotherham conveyancing firm that I recently instructed on my house acquisition in Rotherham have suddenly shut down. I only went with them because I had to have a solicitor on the UBS conveyancing panel and my family Rotherham lawyer was not. I paid them 275 plus VAT on account. What do I do now?
If you have an estate agent involved then let them know straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the UBS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to assist.
I am being advised by my conveyancer that defective lease insurance is needed on my purchase. What is the level of cover for Rotherham conveyancing?
The right level of defective lease indemnity insurance should be dictated by who who your lender is. It would differ for example between Accord Mortgages Ltd and Barnsley Building Society. Conveyancing practitioners as opposed to borrowers take out such policies.
We expect to receive a OIP from Nationwide this week so we know how much we could potentially offer as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Nationwide recommend any Rotherham solicitors on the Nationwide conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Rotherham solicitors independently although you'll need to choose one on the Nationwide conveyancing panel. The solicitor represents both you and Nationwide through the process.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Rotherham conveyancer on the Santander panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
How does conveyancing in Rotherham differ for new build properties?
Most buyers of new build premises in Rotherham approach us having been asked by the builder to sign contracts and commit to the purchase even before the premises is constructed. This is because new home sellers in Rotherham usually buy the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Rotherham or who has acted in the same development.
We're novice buyers - had an offer accepted, yet the estate agent advised that the vendor will only proceed if we use their chosen conveyancers as they want a ‘quick sale’. We would rather use a local solicitor accustomed to conveyancing in Rotherham
We suspect that the seller is unaware of this ultimatum. If they desire ‘a quick sale', taking such a hostile approach to a genuine buyer is not the way to achieve this. Avoid the agents and go straight to the sellers and make the point that (a)you are serious buyers (b)you are ready to go, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)but you intend to use your own,trusted Rotherham conveyancing firm - as opposed tothose that will give their negotiator at the agency a introducer fee or hit his conveyancing targets set by corporate headquarters.
I am employed by a reputable estate agent office in Rotherham where we have witnessed a number of flat sales jeopardised due to short leases. I have been given contradictory information from local Rotherham conveyancing firms. Could you confirm whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
I acquired a split level flat in Rotherham, conveyancing was carried out half a dozen years ago. Can you give me give me an indication of the likely cost of a lease extension? Comparable properties in Rotherham with a long lease are worth £181,000. The ground rent is £55 yearly. The lease finishes on 21st October 2069
With 50 years remaining on your lease we estimate the premium for your lease extension to range between £32,300 and £37,400 as well as costs.
The figure above a general guide to costs for extending a lease, but we are not able to supply the actual costs without more detailed due diligence. You should not use this information in tribunal or court proceedings. There may be other concerns that need to be considered and clearly you should be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.