I have just been advised by my mortgage adviser that my Sawston solicitor is not on the lender Conveyancing panel. How can I be sure that this is correct?
You need to call your Sawston conveyancer. It is reasonable to expect your lawyer to inform you what has happened. Where they are not on the panel they may be able to suggest a Sawston conveyancing firm that is on the approved list of lawyers for your mortgage company.
As a novice what is the most important piece of guidance you can impart regarding purchase conveyancing in Sawston?
You may not hear this from too many lawyers but conveyancing in Sawston or throughout England and Wales is an adversarial experience. In other words, when it comes to conveyancing there is plenty of opportunity for friction between you and other parties involved in the transaction. For instance, the vendor, selling agent and on occasion a lender. Choosing a lawyer for your conveyancing in Sawston an important selection as your conveyancer is your adviser, and is the SOLE party in the transaction whose interest is to look after your best interests and to keep you safe.
On occasion a third party with a vested interest will attempt to convince you that it is in your interests to do things their way. For example, the estate agent may claim to be helping by suggesting your conveyancer is slow. Or your mortgage broker may try to convince you to do something that is against your lawyers advice. You should always trust your lawyer above all other parties in the conveyancing process.
I decided to have a survey carried out on a house in Sawston in advance of appointing lawyers. I have been told that there is a flying freehold element to the house. Our surveyor advised that some banks tend refuse to grant a loan on this type of premises.
It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. Should you wish to call us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Sawston. Conveyancing may be slightly more expensive based on your lender's requirements.
I work for a busy estate agent office in Sawston where we have witnessed a few leasehold sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Sawston conveyancing solicitors. Please can you clarify whether the vendor of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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 purchaser.
Sawston Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing
Is the freehold owned collectively by the leaseholders? Who takes responsibility for maintaining and repairing the building? Does the lease include onerous restrictions?
I am unfit to be present at my Sawston conveyancing practitioners office to sign documents for conveyancing in Sawston – is this a problem?
Not a problem. Sawston conveyancing solicitors can handle conveyancing transactions for clients nationwide. It is not necessary for you to be able to visit a Sawston conveyancers office. They can undertake all communications through post, email, telephone and fax.