My partner and I changing mortgage lender for our maisonette in Wigan with Yorkshire BS. We have a son 18 who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two questions (1) Is this form unique to the Yorkshire BS conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?

On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Yorkshire BS. This is solely used to protect Yorkshire BS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Yorkshire BS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.

At what point can the exchange of contracts take place for residential conveyancing in Wigan and do I need to attend the solicitors branch?

If you are local to our conveyancing solicitors in Wigan you are invited in to sign contracts. However, the law practices we work with offer countrywide coverage for conveyancing and give just as diligent and professional a job for you when dealing with you electronically. The executing of the property agreement is not when everything is set in stone. A signed contract is necessary for the solicitor to exchange contracts at the suitable time, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Wigan)to be in the office available at the end of the phone to exchange contracts.

How does conveyancing in Wigan differ for newly converted properties?

Most buyers of new build or newly converted property in Wigan approach us having been asked by the builder to sign contracts and commit to the purchase even before the property is constructed. This is because developers in Wigan tend to 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 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 accustomed to new build conveyancing in Wigan or who has acted in the same development.

I am downsizing from my house. My past conveyancers have shut. I am in need of a recommendation of a conveyancing firm. Im based in Wigan if that makes things easier.

You should use our search tool to help you choose a solicitor for your conveyancing in Wigan. We have connected thousands of home buyers and sellers with regulated solicitors to ensure that the legalities of their house move goes with a minimum of fuss.

There are only 68 years remaining on my lease in Wigan. I am keen to get lease extension but my landlord is absent. What are my options?

If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the magistrate. You will be obliged to demonstrate that you or your lawyers have made all reasonable attempts to find the freeholder. On the whole a specialist would be helpful to conduct investigations and to produce an expert document which can be used as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s absence and the application to the County Court overseeing Wigan.

Wigan Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing

Is the freehold owned collectively by the leaseholders? Many Wigan leasehold flats will have a service charge for maintenance of the block set by the freeholder. Should you purchase the property you will have to pay this liability, normally in instalments throughout the year. This could vary from a few hundred pounds to thousands of pounds for buildings with lifts and large common areas. There will also be a ground rent to be met yearly, normally this is not a large figure, say around £50-£100 but you need to enquire as on occasion it can be many hundreds of pounds.