Our solicitor has identified a defect with the lease for the flat we are purchasing in Shropshire. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner says that he must check that the mortgage company is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
As a first time buyer what is the most important number one tip you can impart regarding purchase conveyancing in Shropshire?
Not many law firms or advisers will tell you this but conveyancing in Shropshire or throughout England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of room for friction between you and others involved in the legal transfer of property. For example, the seller, property agent and sometimes the lender. Choosing a solicitor for your conveyancing in Shropshire an important selection as your conveyancer is your adviser, and is the ONLY person in the transaction whose interest is to protect your legal interests and to keep you safe.
Sometimes a potential adversary may try and persuade you that you should follow their advice. As an example, the selling agent may claim to be helping by claiming that your solicitor is wrong. Or your financial adviser may try to convince you to do something that is against your conveyancers recommendation. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I require expedited conveyancing in Shropshire as I am under a deadline to sign on the dotted line in less than one month. Thankfully I do not need a mortgage. Is it possible to avoid the conveyancing searches to save money and time?
If.Given you are not getting a home loan you are at free not to have searches conducted although no solicitor would advise that you don't. Drawing on our experience of conveyancing in Shropshire the following are instances of what can arise and adversely impact future saleability: Refused Planning Applications, Overdue Fees, Outstanding Grants, Road Schemes,...
Despite weeks of looking the Title Certificate and documents to our house can not be found. The solicitors who did the conveyancing in Shropshire 5 years ago are no longer around. What are my next steps?
You no longer need to hold title deeds to prove you are the registered proprietor of land or premises, as the Land Registry hold details of all registered land or property electronically.
Builders have suggested I use a lawyer and I've obtained a quote from them. They are nearly £400 cheaper than my family Shropshire property lawyer. Should I use them?
Housebuilders frequently have lists of lawyers who are quick and who know the developer’s documentation and conveyancing practitioner. Plenty of developers offer an inducement to use a preferred property lawyer for this reason, any increased charges can be avoided and a builder will not suggest a conveyancing warehouse and run the risk of having the conveyancing delayed when they want exchange within a tight time frame. A counter-argument for not opting for the recommended conveyancer is that they may prove reluctant to fight for your interests at the risk of alienating the housebuilder. If you worry that this may be the case you should stick with your local Shropshire conveyancing practitioner.