I was referred a solicitor who has quoted £995 for leasehold conveyancing in Virginia Water. I’m looking to sell a Georgian property for £200,000. Are these estimated fees excessive? Is it above what I should be paying for conveyancing in Virginia Water?
The costs illustration is fractionally on the expensive side. If you shop around you may be able to reduce the fees slightly by as much as £100 plus VAT. On the other hand, you couldlive to rue opting for an a cheaper solicitor. If is important to ensure that the firm can also act for your bank. You can make use of our search tool to locate a Virginia Water conveyancing practice on the banks member panel which can often include conveyancing solicitors in Virginia Water.
I am helping my aunt sell her flat in Virginia Water. Does the conveyancer order an EPC or do I organise this?
Following the demise of HIPs, energy assessments was left as a mandatory element of selling a property. An energy performance certificate should be to hand in advance of the property being marketed. This is not as aspect of the sale process that law firms normally arrange. If you are instructing a Virginia Water conveyancing lawyer they might be able to arrange energy performance certificates due to their contacts with reputable Virginia Water energy assessors
I am due to exchange contracts on my house. I had a double glazing fitted in September 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Santander are being problematic. The Virginia Water solicitor who is on the Santander conveyancing panel is saying indemnity insurance will be fine but Santander are insisting on a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?
It is probably the case that Santander have referred the matter to their valuer. The reason why Santander 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.
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Virginia Water solicitor - who is on the Bank of Ireland conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Virginia Water postcode. As you are getting a mortgage with Bank of Ireland, you could contact them to see if they have a list of approved surveyors in Virginia Water.
How does conveyancing in Virginia Water differ for new build properties?
Most buyers of new build premises in Virginia Water approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the premises is constructed. This is because builders in Virginia Water usually 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 Virginia Water or who has acted in the same development.
Helen (my wife) and I may need to sub-let our Virginia Water 1st floor flat temporarily due to a new job. We instructed a Virginia Water conveyancing practice in 2001 but they have closed and we did not think at the time seek any guidance as to whether the lease permits subletting. How do we find out?
Your lease dictates the relationship between the freeholder and you the flat owner; in particular, it will set out if subletting is not allowed, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no specific ban or restriction, subletting is permitted. Most leases in Virginia Water do not prevent an absolute prevention of subletting – such a clause would undoubtedly devalue the property. In most cases there is a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Leasehold Conveyancing in Virginia Water - Sample of Queries before Purchasing
How many of the leaseholders are in arrears for their service charge payments? Be sure to discover if there are any onerous restrictions in the lease. By way of example it is fairly common in Virginia Water leases that pets are not allowed in certain buildings in Virginia Water. If you like the flatin Virginia Water however your dog can’t move with you then you have a very difficult compromise. If a Virginia Water lease has fewer than 80 years it will have adverse implications on the marketability of the property. Check with your mortgage company that they are willing to lend given the lease term. A short lease means that you will almost definitely have to extend the lease sooner rather than later and it is worth discovering what this will be. For most Virginia Waterlease extensions you will be be obliged to have owned the premises for a couple of years in order to be entitled to extend the lease.
I happen to be an executor of my recently deceased aunt’s Will, with a bungalow in Virginia Water which will be marketed. The bungalow is unregistered at the Land Registry and I'm told that many purchasers will insist that it is completed before they'll move forward. What's the mechanism for this?
In the situation you refer to it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.