Having been recommended your site we were going to use a conveyancing solicitor in St James's listed using your comparison tool but stumbled across some other fee calculations on the internet look less expensive – why is this?
There are numerous conveyancing organisations advertising alleged cut-price conveyancing, but extrafees result in the final bill mounting up beyond all recognition. In accordance with regulatory requirements fees set out in terms of business should be equitable and be applied The solicitors that we put forward for conveyancing in St James's specify all costs for the property you intend tobuy.
I am soon to complete buying a house in St James's but as a result of damage from the recent storms I have was able negotiate recompense from the current proprietors in the sum of £3k taking the form of a adjustment in the price. This was going to be addressed as part of the conveyancing process but Santander are not allowing this. Should they have been involved?
Your conveyancing practitioner that is on a Santander approved list is obliged to inform Santander of any variations to the purchase price. If you were to refuse your conveyancing practitioner to report the price change to Santander then they would have to discontinue acting for you. In addition, Santander and you would have to appoint a new property lawyer for your conveyancing in St James's.
Are there restrictive covenants that are commonly identified during conveyancing in St James's?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in St James's. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Due to the guidance of my in-laws I had a survey completed on a property in St James's in advance of appointing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some lenders tend not issue a mortgage on such a premises.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. If you e-mail us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in St James's. Conveyancing may be slightly more expensive based on your lender's requirements.
Our solicitor in St James's has uncovered a defect with the lease for the flat we are purchasing in St James's. The other side have offered title insurance as a solution. We are content with insurance and will pay for it. Our lawyer has advised that as he is on the bank conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the lender 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 lawyer will have no choice but to discontinue acting for you.