We are approaching an exchange on a property in Staffordshire and my parents have sent the 10% deposit to my conveyancer. I am now advised that as the deposit has not arrived from me my solicitor needs to make a notification to my bank. Apparently, in also acting for the mortgage company he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really appropriate for this now to delay the deal?
The property lawyer is obliged to check with mortgage company to ensure that they are aware that the balance of the purchase price is not from your own funds. The solicitor can only reveal this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.
In what way does my ID and proof of funds have anything to do with my conveyancing in Staffordshire? Is this really warranted?
In order to comply with Money Laundering Regulations any Staffordshire conveyancing firm will require evidence of your identity in all conveyancing matters. This is normally satisfied by provision of a passport and an original bank statement or utility bill evidencing where you reside.
In accordance with Money Laundering Regulations, property lawyers are duty bound to investigate not just the identity of conveyancing clients but also the source of fund that they receive in respect of any matter. An unwillingness to disclose this will result in your conveyancer terminating their retainer with you, as clearly this will cause a conflict between the set Regulations and a refusal to disclose.
Your conveyancers will have an obligation to notify the appropriate authorities should they believe that any amounts received by them may contravene the Anti-terror and anti-money-laundering rules.
is it true that all Staffordshire conveyancing solicitors on the Clydesdale conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Clydesdale approved list of solicitors they would need to be governed by the Solicitors Regulatory Authority. The majority of lenders do list licenced conveyancers on their panel in which case such firms would be overseen by the Council of Licensed Conveyancers.
We previously selected conveyancers located in Staffordshire on the Barclays solicitor panel. They have just invoiced me an additional fee for handling the Barclays mortgage. Is this an additional conveyancing fee specified by Barclays?
Unfortunately, so long as it is in their Terms and Conditions or estimate then yes your lawyer may charge a fee for this. This charge is not dictated by Barclays but by your Staffordshire lawyer. Plenty of firms on the Barclays panel will levy an ‘acting for lender’ fee but some firms include it on their overall fee.
I'm in the process of viewing apartments in Staffordshire and I am now considering a potential offer. Is it wise to have my conveyancer on ‘stand by’? I am planning to take a mortgage with Kent Reliance.
It would be sensible to commence your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their details on to the selling agent. Given that you are taking out a mortgage with Kent Reliance, make sure you remember to check that your lawyer is on the Kent Reliance conveyancing panel.
The estate agent has sent us the confirmation of our purchase of a new build flat in Staffordshire. Conveyancing is necessary evil 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.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Staffordshire
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Please supply evidence that the form of Lease proposed has been approved by the Land Registry. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants. 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. Please supply a car parking plan.
Why do Staffordshire conveyancing costs differ for leasehold and freehold properties?
Leasehold conveyancing in Staffordshire more often than not will involve additional due diligence including investigating the lease, liaising with the landlord, obtaining up to date rent receipts, landlord’s consents, management company’s accounts amongst other tasks.