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Recently asked questions about conveyancing in Tibshelf

We opted for a high street lawyer for my conveyancing in Tibshelf last week. Upon checking the Ts and Cs it is apparent thatI am responsible for charges even if the sale doesn't happen. Should I ditch them and choose a web based conveyancing company offering no move no charge conveyancing in Tibshelf?

It is usually a trade off in that if "No Sale No Fee" is advertised then the conveyancing charges will tend to be be more expensive to cover the conveyances that do not go ahead. You should be mindful that these deals tend not to cover expenses e.g. Tibshelf conveyancing search costs.

My husband and I are refinancing our flat in Tibshelf with HSBC. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two questions (1) Is this document specific to the HSBC conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?

On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to HSBC. This is solely used to protect HSBC if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of HSBC had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

Will my conveyancer be raising questions about flooding during the conveyancing in Tibshelf.

Flooding is a growing risk for lawyers dealing with homes in Tibshelf. There are those who acquire a house in Tibshelf, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.

Lawyers are not best placed to give advice on flood risk, however there are a number of checks that can be initiated by the purchaser or by their conveyancers which can give them a better appreciation of the risks in Tibshelf. The standard information sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to discover whether the property has suffered from flooding. If flooding has previously occurred and is not notified by the seller, then a buyer could commence a claim for damages as a result of such an inaccurate response. The buyer’s lawyers will also conduct an enviro search. This should reveal whether there is any known flood risk. If so, further inquiries will need to be carried out.

It has been three months since my purchase conveyancing in Tibshelf took place. I have checked the Land Registry website which shows that I paid £150,000 when infact I paid £180,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

How does conveyancing in Tibshelf differ for newly converted properties?

Most buyers of new build or newly converted property in Tibshelf approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is finished. This is because house builders in Tibshelf typically buy 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 property lawyers 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 used to new build conveyancing in Tibshelf or who has acted in the same development.

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