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Find a Windermere Conveyancing Solictior on Your Lender’s Panel

Ready to buy a new home in Windermere? Failing to check that a lawyer is on your lender’s list of approved solicitors can put your Windermere transaction at risk of delay or failure.

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Recently asked questions about conveyancing in Windermere

The Windermere conveyancing firm handling our Windermere conveyancing has identified a discrepancy when comparing the surveyor’s assumptions in the home valuation report and what is in the conveyancing documents. My lawyer says that he must check that the bank is happy with this discrepancy and is still content to lend. Is my lawyer’s stance 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.

I am selling our property in Windermere and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Windermere lawyer would know this is not the case. It does beg the question why the buyers are using a web based conveyancing firm rather than a conveyancing solicitor in Windermere. We have lived in Windermere for six years we know of no issue. Is it a good idea to contact our local Authority to get confirmation that there is no issue.

It would appear that you have a conveyancing firm already. Are they able to advise? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)

I've recently found out that there is a flying freehold element on a house I put an offer in last month in what was supposed to be a straight forward, no chain conveyancing. Windermere is the location of the property. What do you suggest?

Flying freeholds in Windermere are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Windermere you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Windermere may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.

My husband and I are first time buyers - had an offer accepted, yet the estate agent informed us that the vendor will only proceed if we use the agent's preferred conveyancers as they need a ‘quick sale’. Our preferred option is to instruct a local solicitor who is accustomed to conveyancing in Windermere

It is highly unlikely the owners are driving this. Should the vendor want ‘a quick sale', taking such a hostile approach to a genuine purchaser is is going to put the whole deal at risk. Bypass the agents and go straight to the owners and explain that (a)you are keen to buy (b)you are ready to progress, with finances arranged © you are unencumbered (d) you intend to proceed fast (e)but you are going to instruct your own,trusted Windermere conveyancing solicitors - as opposed tothose that will provide the estate agent a commission or hit his conveyancing figures pre-set by corporate headquarters.

I work for a reputable estate agent office in Windermere where we have witnessed a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Windermere conveyancing solicitors. Could you clarify whether the vendor 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 kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. 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.

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.

I inherited a 1st floor flat in Windermere, conveyancing having been completed 5 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Comparable flats in Windermere with a long lease are worth £255,000. The ground rent is £45 yearly. The lease comes to an end on 21st October 2097

With only 73 years unexpired we estimate the price of your lease extension to be between £8,600 and £9,800 plus plus your own and the landlord's "reasonable" professional fees.

The figure above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure without more detailed due diligence. You should not use this information in a Notice of Claim or as an informal offer. There are no doubt other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.

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Find out more about how flying freehold can affect your the value of a property.