My wife and I are only a couple days away from an exchange on a property in Rottingdean and my mum and dad have transferred the ten percent deposit to my property lawyer. I am now advised that as the deposit has not come from me my conveyancer needs to disclose this to my mortgage company. Apparently, in also acting for the lender he must inform them that the balance of the purchase price is not just from me. I advised the bank about my parents' contribution when I applied for the home loan, so is it really necessary for this now to be an issue?
The solicitor is obliged to check with lender to make sure that they understand that the balance of the purchase price is not from your own resources. The solicitor can only disclose this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Is it the case that all Rottingdean solicitors on the TSB conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the TSB approved list of solicitors they would need to be governed by the SRA. Some banks do list licenced conveyancers on their panel and in such a situation the organisation would be overseen by the Council of Licensed Conveyancers.
I can not fathom if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Rottingdean bank branch on various occasions and was told they are content with the situation and they will lend. My Rottingdean conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend in accordance with their published requirements. I simply don't know who is right.
Provided that the solicitor is on the lender approved list, they must comply with the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am due to exchange contracts on my flat. I had a double glazing fitted in February 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Barclays are being difficult. The Rottingdean solicitor who is on the Barclays conveyancing panel is recommending indemnity insurance as a solution but Barclays are requiring a building regulation certificate. Why do Barclays have a conveyancing panel if they don't accept advice from them?
It is probably the case that Barclays have referred the matter to their valuer. The reason why Barclays may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Should my conveyancer be asking questions concerning flooding during the conveyancing in Rottingdean.
Flooding is a growing risk for lawyers dealing with homes in Rottingdean. Some people will acquire a property in Rottingdean, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Solicitors are not qualified to offer advice on flood risk, however there are a various searches that may be undertaken by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Rottingdean. The conventional set of property information forms supplied to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard question of the owner to determine if the premises has historically flooded. If flooding has previously occurred and is not notified by the owner, then a purchaser could issue a legal claim for losses stemming from an incorrect response. A purchaser’s solicitors should also order an enviro search. This should higlight if there is any known flood risk. If so, further inquiries will need to be conducted.
I used Wolstenholmes several years past for my conveyancing in Rottingdean. I now require my papers however the law firm has closed. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Rottingdean of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I bought a property in Rottingdean last 5/10/2017 and to date it is still not registered with the Land Registry. It is part of a development site and my conveyancing practitioner told me that it can take twelve months to complete the registration formalities. I have contacted HM Land Registry directly and they say that the initial application was cancelled due to failure to reply to requisitions. What can I do?
Contact your property lawyer - Where you are unsatisfied with the responses, enquire as to their firm’s complaints procedure and amplify your concerns to a Complaints Manager. Registrations for Rottingdean conveyancing are not known to be particularly slow.