My wife and I are looking to acquire a property in Stalybridge and have instructed a Stalybridge conveyancing practice. Within the last couple of days our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Clydesdale have this morning contacted us to inform me that there is now an issue as our Stalybridge lawyer is not on their approved list of lawyers. Please explain?
Where you are buying a property needing a mortgage it is standard for the purchasers' solicitors to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Stalybridge solicitors, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.
How does conveyancing in Stalybridge differ for newly converted properties?
Most buyers of new build or newly converted property in Stalybridge approach us having been asked by the developer to exchange contracts and commit to the purchase even before the house is constructed. This is because new home sellers in Stalybridge usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Stalybridge or who has acted in the same development.
I have been on the look out for a ground for flat up to £305k and identified one close by in Stalybridge I like with open areas and transport links in the vicinity, however it only has 49 years on the lease. There is not much else in Stalybridge for this price, so just wondered if I would be making a grave error purchasing a short lease?
If you require a home loan the remaining unexpired lease term will be problematic. Discount the price by the anticipated lease extension will cost if it has not already been discounted. If the existing owner has owned the property for at least 2 years you may request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this.
I am employed by a reputable estate agency in Stalybridge where we see a few leasehold sales jeopardised due to short leases. I have been given contradictory information from local Stalybridge conveyancing firms. Can you confirm whether the vendor of a flat can initiate the lease extension process for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Stalybridge Leasehold Conveyancing - Sample of Queries Prior to buying
The prefered form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this arrangement the lessees benefit from being in charge if their destiny and notwithstanding that a managing agent is often retained where the building is bigger than a house conversion, the managing agent retained by the leaseholders. The majority of Stalybridge leasehold properties will be liable to pay a service bill for maintenance of the block set by the freeholder. Should you buy the flat you will have to meet this amount, usually periodically throughout the year. This can be anything from two or three hundred pounds to thousands of pounds for bigger purpose-built buildings. In all likelihood there will be a ground rent for you to pay yearly, ordinarily this is not a exorbitant amount, say approximately £50-£100 but you need to enquire as occasionally it can be surprisingly expensive. Are there any major works in the near future that will likely increase the service fees?
Please set a few of compelling benefits to instructing a high street property lawyer in Stalybridge
Lots of house movers in Stalybridge decide on using a nearby high street lawyer so that they can visit if they have problems, and to execute documents without using the post.
One could allege that there exists a distinct edge in selecting a property lawyer local to the house you are hoping to purchase, due to the familiarity of the area and potential local issues - but this is debatable. Most conveyancers are now via the web and could be almost anywhere.