We have very brash vendors who has insisted on a exclusivity agreement with a deposit 6,000. Are such agreements sensible?
There are two primary downsides with entering into any lock out contract (also referred to as a shut-out contract) is that it takes away the focus from moving forward with the conveyancing process, so in the absence of it needing limited or no negotiation then it could turn out to be a cause of frustration and delay. It is not promoted amongst Salisbury conveyancing solicitors as a result. A supplemental negative is the extent of the remedies available - an aggrieved buyer should not expect to win an injunction to prohibit the owner selling to an alternative purchaser, so the only remedy open via the agreement will be the recovery of abortive costs and, in limited circumstances, the extra payment of penalties.
Why do I have to pay up front for conveyancing in Salisbury?
If you are buying a property in Salisbury your solicitor will ask you place them with funds to cover the search fees. This will be the total of the cost of the conveyancing searches. If any down payment is as part of the purchase price then this will be asked for shortly before exchange of contracts. The final balance that is due should be sent to your lawyer a few days ahead of the day of completion.
The Salisbury conveyancing solicitors that just started acting on my house acquisition in Salisbury have suddenly shut down. I only went with them because I needed a firm on the Santander conveyancing panel and my preferred Salisbury lawyer was not. I paid them 275 plus VAT in advance. What should be my next steps?
If you have an estate agent involved then let them know straight away so that they advise the vendors that there may be a slight delay due to the problems encountered. 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 Santander 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 should be in a position to help.
Me and my partner are buying a flat in Salisbury. It might be a silly question but how we can trust a lawyer? At some point we will need to send funds into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
Are all Salisbury Conveyancing Quality Solicitors on the Clydesdale conveyancing list of approved firms?
A selection of banks and building societies now utilise the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their panels.
We previously appointed conveyancing lawyers based in Salisbury on the Santander solicitor panel. They have just invoiced me a separate amount for dealing with the Santander mortgage. Is this an additional conveyancing fee set by Santander?
Unfortunately, as long as it is in their Terms and Conditions or Quote then yes your property lawyer may charge a fee for this. The charge is not dictated by Santander but by your Salisbury lawyer. Numerous firms on the Santander panel will quote an ‘acting for lender’ fee but some firms include it on their overall fee.
I'm purchasing a new build house in Salisbury benefiting from help to buy. The developers would not budge the price so I negotiated 6k of extras instead. The estate agent suggested that I not disclose to my conveyancer about this deal as it will put at risk my mortgage with Barclays . Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the builder 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.