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Recently asked questions about conveyancing in Shelfield

Last April we completed a house move in Shelfield. We have since encountered a number of problems with the property which we consider were missed in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Shelfield?

The query is not clear as to the nature of the problems and if they are specific to conveyancing in Shelfield. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor fills in a document called a Seller’s Property Information Form. answers proves to be incorrect, you may have a misrepresentation claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Shelfield.

As someone clueless as to conveyancing in Shelfield what’s the number one tip you can give me for the ownership transfer in Shelfield

Not many law firms or advisers will tell you this but conveyancing in Shelfield and elsewhere in Birmingham is an adversarial experience. In other words, when it comes to conveyancing there is plenty of opportunity for confrontation between you and others involved in the legal transfer of property. E.g., the vendor, estate agent and on occasion the lender. Appointing a lawyer for your conveyancing in Shelfield an important selection as your conveyancer is your adviser, and is the ONLY party in the legal process whose role it is to protect your legal interests and to keep you safe.

There is a distinct emergence in the "blame" culture- someone must be blamed for the process being so protracted. You must always trust your lawyer ahead of all other parties in the conveyancing process.

Yesterday I discovered that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a quick, no chain conveyancing. Shelfield is the location of the property. What do you suggest?

Flying freeholds in Shelfield are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Shelfield you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Shelfield may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

I am thinking of appointing a conveyancing lawyer in Shelfield for my sale. Is it possible to check a solicitor's record with the legal regulator?

One may review documented Solicitor Regulator Association (SRA) determinations stemming from investigations commenced on or after Jan 2008. Go to Check a solicitor's record. For details Pre 2008, or to check a firm's record, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, use +44 (0)121 329 6800. The SRA could recorded call for training purposes.

My husband and I may need to sub-let our Shelfield garden flat for a while due to taking a sabbatical. We instructed a Shelfield conveyancing firm in 2004 but they have closed and we did not think at the time get any guidance as to whether the lease allows us to sublet. How do we find out?

Notwithstanding that your previous Shelfield conveyancing lawyer is not around you can check your lease to see if you are permitted to let out the premises. The accepted inference is that if the deeds are non-specific, subletting is permitted. There may be a precondition that you need to seek permission from your landlord or other appropriate person prior to subletting. The net result is you not allowed to sublet without first obtaining consent. Such consent is not allowed to be unreasonably turned down. If the lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.

Shelfield Leasehold Conveyancing - Examples of Queries Prior to buying

    Can you inform me if there are any major works anticipated that could add a premium to the service charges? Does the lease include onerous restrictions?

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Find out more about how flying freehold can affect your the value of a property.