I plan on buying residence in Torquay. My Solicitor is not listed on the mortgage company conveyancing panel. Can I still appoint my Torquay conveyancing solicitor even though they are excluded from the mortgage company list of approved lawyers?

One must have a solicitor to deal with the formalities if you require a loan to purchase your property. They will carry out all the essential legal checks on the property, make sure that you will be properly registered as the owner and ensure that all the required mortgage paperwork is dealt with. You could instruct a Torquay property lawyer of your choice. However, where the solicitor appointed is not a member of the mortgage company approved list additional costs will arise as separate legal representation will be need by the mortgage company. Lender panel applications may be submitted, so if your solicitor has not previously applied for membership they should take the chance to apply.

Some advice if I may. My Torquay lawyer is assuring me that she is duty bound toconduct Torquay conveyancing searches becausethe firm are on the Lloydsconveyancing panel. Do I not have a choice here?

You have limited options available to you. As you are taking a mortgage with a bank your conveyancer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Torquay conveyancing searches.

Are there restrictive covenants that are commonly identified during conveyancing in Torquay?

Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Torquay. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’

In sourcing the world wide web for the phrase on line conveyancing in Torquay it reveals numerous conveyancerslocally. How do I determine which is the right conveyancing solicitor for me?

The best method of choosing the right conveyancer is through a personal recommendation, so enquire of friends and family who have acquired a property in Torquay or a local estate agent or financial adviser. Charges for conveyancing in Torquay differ, so it's sensible to secure a minimum of three fee estimates from different solicitors. Make sure that you clarify that the fees are fixed.

I am a negotiator for a busy estate agent office in Torquay where we have experienced a few leasehold sales put at risk as a result of short leases. I have received conflicting advice from local Torquay conveyancing firms. Please can you clarify whether the seller of a flat can commence the lease extension process for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as 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.

Torquay Leasehold Conveyancing - Examples of Queries before Purchasing

How much is the ground rent and service charge? Are any of leasehold owners in arrears of their service charge liability? Does the lease have onerous restrictions?