I am purchasing a property for cash in Thirsk. I have lived for the last Seventeen years in Thirsk. Conveyancing searches are expensive. Given that I know the road and vicinity very well must I have all the conveyancing searches?
Provided that you do not need a mortgage, then almost all of the Thirsk conveyancing searches are non-obligatory. Your conveyancer will try and steer you, perhaps strongly, that you should have searches done, but he is duty bound to take that path of guidance. One thing to consider; if you are intend to sell the house at a future date, it will be of importance to your future buyer what the searches determine. There are plenty of instances where properties with day to day issues can still show up unpredicted search results. A competent conveyancing solicitor in Thirsk will be able to give you some constructive guidance here.
What does my ID and proof of funds have anything to do with my conveyancing in Thirsk? Why is this being asked of me?
In order to comply with Money Laundering Regulations any Thirsk conveyancing firm will require evidence of your identity in all conveyancing matters. This is usually satisfied by provision of a passport and an original bank statement or utility bill showing your correct address.
In accordance with Money Laundering Regulations, property lawyers are obliged by law to ascertain not only the identity of conveyancing clients but also the origin of monies that they receive in respect of any matter. Refusal to disclose this will lead to your solicitor ending their relationship 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 inform the relevant authorities should they consider that any amounts received by them may contravene the Anti-terror and anti-money-laundering rules.
I am assisting my aunt sell her house in Thirsk. Will the solicitor order the energy assessment or should I organise this?
Following the abolition of Home Packs, EPC’s became a compulsory element of moving house. An EPC must be to hand before the property is marketed. It is not as aspect of the sale process that lawyers ordinarily organise. If you are using a Thirsk conveyancing solicitor they might be willing to arrange energy assessments given their contacts with long established local providers
We are getting a further advance on our home loan from Leeds Building Society as we want to conduct improvements to our home in Thirsk. Do we need to select a bricks and mortar Thirsk solicitor on the Leeds Building Society conveyancing panel to handle the legals?
Leeds Building Society do not ordinarily instruct firms on their conveyancing panel to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Leeds Building Society list.
I am due to exchange contracts on my flat. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Aldermore are being a right pain. The Thirsk solicitor who is on the Aldermore conveyancing panel is recommending indemnity insurance as a solution but Aldermore are requiring a building regulation certificate. Why do Aldermore have a conveyancing panel if they don't accept advice from them?
It is probably the case that Aldermore have referred the matter to their valuer. The reason why Aldermore may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I decided to have a survey carried out on a house in Thirsk ahead of instructing solicitors. I have been told that there is a flying freehold aspect to the house. The surveyor has said that some banks tend refuse to grant a mortgage on such a premises.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to telephone us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Thirsk. Conveyancing will be smoother if you use a solicitor in Thirsk especially if they are acquainted with such properties in Thirsk.
I am a negotiator for a long established estate agent office in Thirsk where we have witnessed a number of leasehold sales derailed as a result of short leases. I have received conflicting advice from local Thirsk conveyancing firms. Can you shed some light as to whether the owner of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord 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 buyer.
Thirsk Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
Who is in charge of the block? The prefered form of lease arrangement is a share of the freehold. In this scenario the lessees enjoy control and even though a managing agent is usually retained if it is bigger than a house conversion, the managing agent is directed by the tenants. How is the lease structured?