My conveyancer has uncovered a a legal deficiency with the lease for the apartment we are purchasing in Thrapston. The seller’s lawyers have put forward title insurance as a solution. We are happy with insurance and will pay for it. Our solicitor says that he must be satisfied that the mortgage company is happy with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the bank are the client. These conveyancing instructions have to be complied with.
Forgive me if this question is silly but I am wet behind the ears as a first time buyer of a ground floor flat in Thrapston. Do I receive the keys to the premises on completion from my conveyancer? If this is the case, I will use a High Street conveyancing solicitor in Thrapston?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the purchase money to the seller's lawyers, and shortly after the monies have arrived, you should be invited to receive the keys from the property Agents and start moving into the property. Usually this occurs early afternoon.
I am aiming to move house in September. Should my conveyancing solicitor update the removal company on the completion day. As an aside, can you recommend a removal company in Thrapston. Conveyancing lawyer was organised before I stumbled across your website.
On the day of completion you will need to collect the house keys from the selling agent however this should only take place once the previous owners conveyancers confirm to the agent that they have the completion monies and the keys can be collected. After that you should advise the removal men that you are ready to move in. As a matter of policy we do not suggest a particular removal organisation but can help you choose a residential property solicitor in Thrapston or a lawyer with expertise in conveyancing in Thrapston.
I am due to exchange contracts on my apartment. I had a double glazing fitted in March 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Coventry BS are being difficult. The Thrapston solicitor who is on the Coventry BS conveyancing panel is saying indemnity insurance will be fine but Coventry BS are requiring a building regulation certificate. Why do Coventry BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Coventry BS have referred the matter to their valuer. The reason why Coventry BS 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.
The deeds to our house can not be found. The solicitors who did the conveyancing in Thrapston 5 years ago are no longer around. What are my next steps?
Nowadays there are copies made of almost everything, and your lawyer will know exactly where to find all the suitable documentation so you can purchase or sell your property without any difficulty. If copies are not available, your conveyancer can arrange cover in the form of insurance or indemnities protecting you against possible claims on your property.
I'm buying my first flat in Thrapston benefiting from help to buy. The developers refused to budge the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The house builders rep advised me not disclose to my conveyancer about this side-deal as it will put at risk my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Can you provide any advice for leasehold conveyancing in Thrapston from the perspective of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Thrapston can be avoided where you appoint lawyers as soon as you market your property and ask them to collate the leasehold documentation needed by the buyers’ representatives. You believe that you know the number of years remaining on your lease but it would be advisable verify this via your solicitors. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 80 years. In the circumstances it is important at an early stage that you consider whether the lease term for your property needs extending. If it does, contact your solicitors before you put your premises on the market for sale. If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is ongoing. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unresolved. If you have carried out any alterations to the residence would they have required Landlord’s consent? Have you, for example laid down wooden flooring? Thrapston leases often stipulate that internal structural alterations or installing wooden flooring calls for a licence from the Landlord acquiescing to such changes. Should you dont have the paperwork in place do not communicate with the landlord without contacting your lawyer in advance.
Thrapston Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to Purchasing
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The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders have control and notwithstanding that a managing agent is usually retained where the building is bigger than a house conversion, the managing agent is directed by the tenants. How many of the leaseholders are in arrears for their maintenance charge payments? This question is helpful as a) areas may cause problems for the building as the common areas may begin to deteriorate where repairs are not paid for b) if the leasehold owners have an issue with the running of the building you will wish to have all the details