My solicitor has uncovered a a legal deficiency with the lease for the flat we are buying in Seaburn. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will pay for it. Our property lawyer has advised that he must check that the bank is content with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the lender does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. These conveyancing instructions have to be complied with.
I am buying a new build flat in Seaburn. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Seaburn
There must be mutual enforceability of lessee’s covenants. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
I am selling my property. My past lawyers have shut. I would be grateful for any recommendation of a conveyancing firm. I happen to live in Seaburn if that makes things easier.
Please use our search tool to help you find a solicitor for your conveyancing in Seaburn. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move goes with a minimum of fuss.
I need to instruct a conveyancing practitioner in Seaburn for my purchase. Is it possible to check a solicitor's complaints history with the profession’s regulator?
One may read published Solicitor Regulator Association (SRA) decisions stemming from investigations from 2008 onwards. Visit Check a solicitor's record. For records Pre 2008, or to check a solicitors record, phone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator may recorded telephone calls for training requirements.
Can you provide any advice for leasehold conveyancing in Seaburn from the perspective of expediting the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Seaburn can be avoided if you appoint lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation which will be required by the purchasers’ solicitors. You may think that you are aware of the number of years remaining on your lease but it would be advisable verify this via your lawyers. A buyer’s conveyancer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the lease term is under 80 years. In the circumstances it is important at an as soon as possible that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example installed wooden flooring? Seaburn leases often stipulate that internal structural changes or installing wooden flooring necessitate a licence from the Landlord consenting to such works. If you dont have the approvals in place do not contact the landlord without contacting your lawyer in the first instance. If you hold a share in a the freehold, you should make sure that you have the original share document. Organising a replacement share certificate is often a lengthy formality and frustrates many a Seaburn conveyancing transaction. If a duplicate share is needed, do contact the company officers or managing agents (where relevant) for this at the earliest opportunity. A minority of Seaburn leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers.
Seaburn Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
Does the lease include onerous restrictions? Plenty Seaburn leasehold flats will incur a service bill for maintenance of the block invoiced by the freeholder. If you purchase the property you will have to meet this liability, normally periodically accross the year. This may be anything from a few hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a rentcharge for you to pay annual, ordinarily this is not a exorbitant figure, say approximately £50-£100 but you need to enquire as occasionally it could be surprisingly expensive. Who takes responsibility for maintaining and repairing the block?