As a novice what is the most important piece of guidance you can impart regarding purchase conveyancing in Sileby?

Not many law firms or advisers will tell you this but conveyancing in Sileby and elsewhere in Leicestershire is often a confrontational experience. Put another way, when it comes to conveyancing there is plenty of opportunity for friction between you and others involved in the ownership transfer. E.g., the seller, selling agent and even potentially a lender. Selecting a law firm for your conveyancing in Sileby is a critical decision as your conveyancer is your adviser, and is the SOLE party in the process whose responsibility is to act in your best interests and to protect you.

We are witnessing a distinct emergence of a "blame" culture- someone has to be blamed for the process taking so long. We recommend that you your first instinct should be to trust your lawyer above the other parties when it comes to the legal assignment of property.

Should our lawyer be making enquiries concerning flooding as part of the conveyancing in Sileby.

The risk of flooding is if increasing concern for solicitors dealing with homes in Sileby. Plenty of people will acquire a property in Sileby, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.

Lawyers are not qualified to give advice on flood risk, but there are a number of searches that may be initiated by the buyer or by their conveyancers which can figure out the risks in Sileby. The conventional set of completed inquiry forms given to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to determine if the premises has historically flooded. If flooding has previously occurred and is not disclosed by the vendor, then a buyer may issue a legal claim for losses as a result of such an misleading reply. The buyer’s lawyers may also carry out an enviro report. This should indicate if there is a recorded flood risk. If so, further inquiries should be initiated.

I opted to have a survey done on a property in Sileby in advance of instructing lawyers. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some banks tend refuse to grant a mortgage on this type of home.

It depends who your proposed lender is. Santander has different instructions from Birmingham Midshires. If you e-mail us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Sileby. Conveyancing may be slightly more expensive based on your lender's requirements.

Do you have any top tips for leasehold conveyancing in Sileby with the aim of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in Sileby can be reduced where you instruct lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold documentation which will be required by the purchasers’ lawyers.
In the event that you altered the property did you need the Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Sileby state that internal structural alterations or installing wooden flooring calls for a licence issued by the Landlord approving such alterations. If you fail to have the paperwork to hand do not contact the landlord without checking with your lawyer first. If you have had any disputes with your landlord or managing agents it is very important that these are settled before the property is put on the market. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the buyers, but it is better to present the dispute as historic rather than unsettled. The majority of freeholders or managing agents in Sileby charge for supplying management packs for a leasehold home. You or your lawyers should find out the fee that they propose to charge. The management information sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of frustration in leasehold conveyancing in Sileby. A minority of Sileby leases require Licence to Assign from the landlord. If this applies to your lease, you should notify your estate agents to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are able to meet 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 solicitors.

Leasehold Conveyancing in Sileby - Sample of Questions you should ask before buying

Please tell me if there are any major works anticipated that could increase the maintenance costs? What is the service charge and ground rent on the flat?

I am about to exchange on the purchase a property in Sileby but as a result of wreckage from the recent storms I have negotiated recompense from the seller of four thousand pounds in the form of a adjustment in the price. I had intended this to be dealt with as part of the conveyancing process yet the mortgage company will not agree to this. Why were they involved?

Your lawyer listed on the bank approved list is required to advise the lender of any amendments to the purchase price. If you prohibit your lawyer to notify the reduction to your bank then they would have to disinstructing themselves from acting for you and the lender.