My conveyancer has discovered a a problem with the lease for the property we are purchasing in Westhoughton. The seller’s lawyers have offered title insurance as a workaround. We are happy with insurance and will pay for it. Our property lawyer says that he must check that the bank is happy 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 conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. These conveyancing instructions have to be complied with.
Why do I have to pay up front when it comes to conveyancing in Westhoughton?
Where you are retaining lawyers for conveyancing in Westhoughton your solicitor will request that you to provide them with monies to cover the search fees. This will be the total of the cost of the Local Authority Search. When the down payment is payable against the sale price then this should be asked for immediately prior to exchange of contracts. The closing balance that is due should be transferred a couple of days prior to the day of completion.
Do I need to take out insurance to cover chancel repairs when purchasing a residence in Westhoughton?
Unless a previous acquisition of the house took place post 12 October 2013 you can assume that lawyers delivering conveyancing in Westhoughton to remain encouraging a chancel search and or insurance against a claim.
My uncle has recommend that I use his conveyancing solicitors in Westhoughton. Should I find my own conveyancer?
Much as we are happy to recommend a Westhoughton conveyancing lawyer it’s preferable to find a conveyancing solicitor is to seek feedback from friends or relatives who have previously instructed the solicitor you're considering.
I work for a reputable estate agency in Westhoughton where we see a few flat sales put at risk as a result of short leases. I have received contradictory information from local Westhoughton conveyancing firms. Please can you confirm whether the vendor of a flat can start the lease extension formalities for the buyer?
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 to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 buyer.
Westhoughton Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
Is there a share of the freehold? How much is the yearly maintenance fee and ground rent? The answer will be helpful as a) areas may result in problems in the building as the common areas may begin to deteriorate if maintenance remain unpaid b) if the tenants have an issue with the managing agents you will want to have complete disclosure