My solicitor has identified a defect with the lease for the property we are buying in Westbury Park. The seller’s lawyers have offered title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner has advised that he must be satisfied that the bank is content with this solution. Are we the client or is the mortgage company ?

Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their specifications for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the bank are the client. The appropriate lender specifications must be adhered to.

Just had an offer accepted on a new build flat in Westbury Park. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Westbury Park

The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are architect prepared. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.

I need to find a conveyancing solicitor for freehold conveyancing in Westbury Park. I happened to land on a site which seems to have the ideal solution If there is a chance to get all this stuff done via phone that would be preferable. Do I need to be concerned? What are the potential pitfalls?

As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?

I am employed by a busy estate agency in Westbury Park where we have experienced a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Westbury Park conveyancing solicitors. Please can you clarify whether the seller of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having 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 simultaneously with completion of the disposal of the property.

Alternatively, it may be possible 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.

Westbury Park Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing

Many Westbury Park leasehold flats will incur a service charge for maintenance of the block invoiced by the management company. Where you buy the apartment you will have to meet this charge, normally in instalments throughout the year. This may vary from a few hundred pounds to thousands of pounds for bigger purpose-built buildings. In all probability there will be a ground rent to be met yearly, this is usually not a large figure, say around £25-£75 but you should to enquire it because sometimes it could be many hundreds of pounds. What restrictions are there in the Westbury Park Lease? Can you tell me if there are any major works in the planning that will add a premium to the service costs?

Builders have recommended to me a solicitor and I've received a quote from them. It's almost £250 less expensive than my own Westbury Park solicitor. Should I use them?

Housebuilders normally have panels of lawyers who expedite matters and who know the builder's documentation and lawyer. Plenty of developers offer an incentive to select a preferred conveyancing practitioner for this reason, any increased cost can be avoided and a developer will not suggest a conveyancing factory and run the risk of having the transaction delayed when they need an exchange within a tight time frame. A counter-argument for not opting for the suggested property lawyer is that they may prove hesitant to fight for your interests for fear of upsetting the developer. Where you have concerns that this may be the case you should stick with your high street Westbury Park lawyer.