We are buying a 3 bedroom flat in Tilbury with a mortgage. We would like to retain our Tilbury conveyancer, however the mortgage company advise she’s not on their "panel". It appears that we have little choice but to instruct one of the mortgage company panel solicitors or keep our Tilbury lawyer and pay for one of their panel lawyers to represent them. This feels very unfair; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Tilbury conveyancing lawyer to apply to be on the conveyancing panel.
Should my conveyancer be making enquiries about flooding as part of the conveyancing in Tilbury.
The risk of flooding is if increasing concern for solicitors dealing with homes in Tilbury. There are those who buy a property in Tilbury, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not qualified to impart advice on flood risk, however there are a number of searches that can be carried out by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Tilbury. The conventional set of completed inquiry forms sent to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to determine if the property has ever been flooded. If the property has been flooded in past which is not revealed by the vendor, then a purchaser could commence a claim for damages as a result of such an incorrect reply. The purchaser’s lawyers should also order an enviro search. This should higlight whether there is any known flood risk. If so, further inquiries will need to be made.
It has been five months since my purchase conveyancing in Tilbury concluded. I have checked the Land Registry website which shows that I paid £175,000 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.
Due to the encouragement of my in-laws I had a survey completed on a property in Tilbury before instructing lawyers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some mortgage companies may refuse to grant a mortgage on a flying freehold home.
It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. Should you wish to call us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Tilbury. Conveyancing will be smoother if you use a solicitor in Tilbury especially if they regularly deal with such properties in Tilbury.
What does commercial conveyancing in Tilbury cover?
Non domestic conveyancing in Tilbury covers a wide range of services, given by qualified solicitors, relating to business premises. By way of example, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the assignment of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.