My wife and I are in the process of looking at apartments in Sacriston and I am now considering a potential offer. Is it too early to have a solicitor in place? I am planning to take a home loan with UBS.
You should start requesting conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the selling agent. Given that you are getting a mortgage with UBS, ask your prospective lawyers if they are on the UBS conveyancing panel otherwise they can't do the mortgage legal work.
It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Sacriston building society branch on numerous occasions and was told it does not impact the mortgage offer and they would lend. My Sacriston conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their specific requirements. I have no idea who is right.
Your property lawyer has to comply with the CML Handbook Part 2 conditions for your bank. 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am selling my apartment. I had a double glazing fitted in November 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Co-operative are being pedantic. The Sacriston solicitor who is on the Co-operative conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Co-operative are insisting on a building regulation certificate. Why do Co-operative have a conveyancing panel if they don't accept advice from them?
It is probably the case that Co-operative have referred the matter to their valuer. The reason why Co-operative 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.
How does conveyancing in Sacriston differ for new build properties?
Most buyers of new build premises in Sacriston contact us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is built. This is because house builders in Sacriston tend to acquire the site, 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 property lawyers 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 used to new build conveyancing in Sacriston or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Sacriston prior to retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. Our surveyor has said that some lenders tend refuse to issue a mortgage on this type of premises.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. Should you wish to telephone us we can look into this further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sacriston. Conveyancing may be slightly more expensive based on your lender's requirements.
What are the frequently found defects that you encounter in leases for Sacriston properties?
Leasehold conveyancing in Sacriston is not unique. All leases are unique and drafting errors can sometimes mean that certain sections are erroneous. For example, if your lease is missing any of the following, it could be defective:
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Repairing obligations to or maintain elements of the premises Maintenance charge proportions which don’t add up to the correct percentage
You may encounter 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. Santander, Skipton Building Society, and Alliance & Leicester all have express conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, obliging the buyer to pull out.
Leasehold Conveyancing in Sacriston - Sample of Questions you should ask before buying
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Is anyone aware of any major works anticipated that could add a premium to the service costs? The majority of Sacriston leasehold flats will be liable to pay a service charge for the upkeep of the block set on behalf of the landlord. Where you buy the flat you will have to pay this amount, usually periodically during the year. This can be anything from two or three hundred pounds to thousands of pounds for large purpose-built buildings. There will also be a ground rent for you to pay yearly, this is usually not a exorbitant amount, say approximately £50-£100 but you need to check it because sometimes it can be surprisingly expensive. Are any of leasehold owners in dispute over their service charge payments?
What do I do if I am not happy with the lawyer who undertook our conveyancing in Sacriston?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that sometimes matters do not go as planned. However there is recourse where you were dissatisfied with your conveyancing in Sacriston. This varies from trying to resolve matters directly with them, through to reporting a lawyer to their governing body. If you remain aggrieved you may consider enlisting the help of the Legal Ombudsman.