We are purchasing a new build apartment in Tolworth and my conveyancer is telling me that she has to the lender to reveal incentives from the builder. The Estate Agents are hassling me to exchange and I don't want to prolong deal. Is my lawyer right?
You should not exchange unless you have been advised to do so by your conveyancing practitioner. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I'm purchasing my first flat in Tolworth with the aid of help to buy. The developers refused to reduce the price so I negotiated £7000 of fixtures and fittings instead. The property agent advised me not to tell my solicitor about this side-deal as it would put at risk my mortgage with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer 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.
I was recommended by a few estate agents in Tolworth to locate a conveyancer using your seach tool. What’s the financial incentive for Estate Agents to promote your site ahead of another?
We don’t offer any commission for sending work in our direction. We found it would be just too difficult a fee because members of the public would think, ‘Why is the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
Can you provide any advice for leasehold conveyancing in Tolworth with the aim of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Tolworth can be bypassed where you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold information needed by the purchasers’ representatives. You believe that you know the number of years left on your lease but it would be advisable double-check by asking your solicitors. A buyer’s conveyancer will not be happy to advise their client to to exchange contracts if the remaining number of years is less than 75 years. It is therefore essential at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your premises on the market for sale. The majority of landlords or managing agents in Tolworth charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management pack can be applied for as soon as you have a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in Tolworth. If there is a history of conflict with your landlord or managing agents it is very important that these are resolved before the property is marketed. The buyers and their solicitors will be warry about purchasing a property where a dispute is unsettled. You may have to bite the bullet and pay any arrears of service charge or resolve the dispute prior to the buyers completing the purchase. 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 clearly preferable to present the dispute as over rather than unresolved.
Following years of dialogue we simply can't agree with our landlord on how much the lease extension should cost for our flat in Tolworth. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing freeholder or where there is dispute about what the lease extension should cost, under the relevant legislation you can apply to the LVT to assess the price payable.
An example of a Lease Extension decision for a Tolworth property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case was in relation to 1 flat.
We are contemplating instructing an online lawyer ahead of a Tolworth conveyancing practice. Should I ‘stay local’?
There are advantages of being able to attend a local Tolworth conveyancing solicitor for example
- signing documents same day
- having face-to-face explanations of issues you don't understand
- the ability to raise concerns if things go pear-shaped
When analysing fees, look carefully for hidden extras. The majority decent Tolworth high street solicitors give an all-inclusive price. Often online companies appear to offer low cost fees, yet have hidden 'extras' in the small print.