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Recently asked questions about conveyancing in Walkington

Should our lawyer be making enquiries about flooding as part of the conveyancing in Walkington.

Flooding is a growing risk for solicitors dealing with homes in Walkington. There are those who buy a house in Walkington, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.

Lawyers are not best placed to give advice on flood risk, but there are a various searches that may be undertaken by the purchaser or by their conveyancers which can figure out the risks in Walkington. The standard information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the vendor to discover if the property has historically flooded. If flooding has previously occurred and is not notified by the vendor, then a buyer could issue a claim for damages as a result of such an misleading response. A purchaser’s lawyers will also conduct an environmental report. This will disclose whether there is a recorded flood risk. If so, additional inquiries should be conducted.

How does conveyancing in Walkington differ for new build properties?

Most buyers of new build or newly converted property in Walkington come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is constructed. This is because house builders in Walkington typically purchase the land, 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 conveyancing solicitors 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 Walkington or who has acted in the same development.

What makes your site different to alternative internet conveyancing brokers when it comes to conveyancing in Walkington?

At this site secure an accurate quote via a Solicitor or Licensed Conveyancer that appreciates the issues of your conveyancing in Walkington. Unlike many estate agents and brokerage sites we do not operate commission deals with solicitors. Some agents and online brokers 'recommend' solicitors paying the highest per referral, not the best value conveyancing in Walkington

I am a negotiator for a busy estate agency in Walkington where we have experienced a few flat sales jeopardised due to short leases. I have been given inconsistent advice from local Walkington conveyancing solicitors. Please can you confirm whether the vendor of a flat can initiate 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 start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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 purchaser.

Walkington Leasehold Conveyancing - Examples of Questions you should ask Prior to Purchasing

    The majority of Walkington leasehold properties will have a service charge for maintenance of the block set on behalf of the landlord. If you purchase the flat you will have to pay this liability, normally periodically during the year. This could be anything from a few hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge for you to pay yearly, this is usually not a significant sum, say approximately £25-£75 but you should to check as sometimes it could be surprisingly expensive. It would be sensible to find out as much as possible regarding the managing agents as they will either make your life much simpler or much more difficult. As the proprietor of a leasehold property you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical matters like the cleanliness of the common parts. Enquire of prospective neighbours if they are happy with them. Finally, investigate as to the dates that the service fees are due to the appropriate party and specifically what you get for your money. Please note if it is fewer than eighty years it will affect the salability of the flat. It is worth checking with your lender that they are happy with remaining years on the lease. Leases with fewer than 80 years remaining means that you will most likely have to extend the lease sooner rather than later and it is worth finding out how much this will be. Remember, in most cases you will need to own the property for a couple of years in order to be legally able to extend the lease.

I am contemplating choosing an online conveyancer rather than a Walkington conveyancing practice. Should I ‘stay local’?

There are advantages of being able to attend a local Walkington conveyancing solicitor for example

  • signing documents on short notice
  • having one on one explanations of things you don't understand
  • the ability to raise concerns if things go pear-shaped

When comparing fees, look carefully for hidden extras. Most decent Walkington high street solicitors give an all-inclusive price. Often online companies seem to offer cheap prices, yet have hidden 'extras' in the in the terms and conditions.

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