My Winchester conveyancer has discovered a discrepancy between the surveyor’s assumptions in the valuation report and what is revealed within the legal papers for the property. My lawyer has advised that he is duty bound to check that the bank is OK with this discrepancy and is content to go ahead. Is my conveyancer’s approach right?
Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook requirements which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
Our mortgage company has suggested solicitors on their panel based in Winchester but I would rather use a conveyancing lawyer in Winchester or nearer to where I live. Are you able to assist?
Far from all Winchester conveyancing practices are approved and listed on all lender’s conveyancing panel. Use the above search tool to choose a Winchester conveyancing firm on the on the mortgage company panel.
I require expedited conveyancing in Winchester as I am under an ultimatum to complete in less than 3 weeks. A home loan is not required. Can I escape the need for conveyancing searches to save money and time?
As you are not getting a home loan you are at liberty not to have searches conducted although no conveyancer would recommend that you don't. With lots of history conveyancing in Winchester the following are instances of what can show up and adversely impact future saleability: Refused Planning Applications, Outstanding Charges, Outstanding Grants, Road Schemes,...
In my capacity as executor for the estate of my uncle I am selling a property in Swansea but I am based in Winchester. My lawyer (approximately 235 kilometers awayhas requested that I sign a stat dec before the transaction finalising. Can you recommend a conveyancing lawyer in Winchester to witness and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will suffice regardless of whether they are located in Winchester
I am attracted to a two maisonettes in Winchester which have about forty five years remaining on the leases. should I be concerned?
There is no doubt about it. A leasehold flat in Winchester is a deteriorating asset as a result of the reducing lease term. The closer the lease gets to zero years unexpired, the more it adversely affects the value of the premises. The majority of purchasers and banks, leases with less than 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of premises with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Winchester conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. A more straightforward and quicker method of extending would be to contact your landlord directly and sound him out on the prospect of extending the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that any new terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.
Winchester Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to buying
How many of the leaseholders are in arrears for their maintenance charge payments? The prefered form of lease arrangement is a share of the freehold. In this arrangement the lessees benefit from being in charge if their destiny and even though a managing agent is often employed where it is bigger than a house conversion, the managing agent retained by the leaseholders. You should be aware that where the lease has fewer than 80 years it will have adverse implications on the marketability of the property. Check with your lender that they are content with the length of the lease. A short lease 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 would need to own the premises for 24 months in order to be entitled to extend the lease.