Can you help? My Somerset conveyancer is assuring me that he is legally obliged toapply for Somerset conveyancing searches stemming from the fact thatthe firm are on the Lloydsconveyancing panel. Is my solicitor right?
You have limited options available to you. Given that you are taking out a loan with a bank your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook conditions . Even if you were a cash buyer you would be ill advised not to carry out Somerset conveyancing searches.
Various web forums that I have visited warn that are the main reason for stalling in Somerset house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published findings of a review by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances during the legal transfer of property. Local searches are not likely to feature in any slowing down conveyancing in Somerset.
Just had an offer accepted on a new build flat in Somerset. Conveyancing is a frightening process 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 conveyancing.
Here is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Somerset
-
Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. 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. There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Due to the encouragement of my in-laws I had a survey completed on a house in Somerset prior to appointing lawyers. I have been told that there is a flying freehold aspect to the property. The surveyor advised that some lenders will not issue a mortgage on a flying freehold property.
It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. If you contact us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Somerset. Conveyancing may be slightly more expensive based on your lender's requirements.
Online research suggests that Somerset solicitors are more costly than Somerset conveyancers in Somerset to use when buying a property. So is it better if I use a conveyancer or a solicitor if I am buying for my home move in Somerset.
When it comes to conveyancing in Somerset the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.