Much to our surprise we have been informed by our IFA that my Wingate lawyer is not on the bank Solicitor panel. What can I do to be certain whether this is indeed the case?
You need to call your Wingate conveyancer. It is reasonable to expect your lawyer to advise you what has happened. If they are not on the panel they may be able to suggest a Wingate conveyancing practice that is on the conveyancing panel for your lender.
My fiance and I are purchasing a purpose built apartment in Wingate with a mortgage from Virgin Money.We use our Wingate conveyancing lawyer but Virgin Money advised that his firm is not listed on their "panel". We have to appoint a Virgin Money panel lawyer or keep our local solicitor and fork out for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that Virgin Money use our lawyer?
Unfortunately,no. The mortgage issued to you is subject to its various provisions, a common one being that solicitors needs to be on the Virgin Money approved list. in the past, most lenders had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for Virgin Money
We are close to exchanging contracts on the sale of our house in Wingate and according to the buyers it appears that there is a risk of it being constructed land that was not decontaminated. Any high street Wingate lawyer would know this is not the case. It does beg the question why the purchasers used an internet conveyancing outfit as opposed to a conveyancing solicitor in Wingate. Having lived in Wingate for 5 years we know that this is a non issue. Do we contact our local Authority to get confirmation need.
It would appear that you have a conveyancing solicitor already. Are they able to advise? You need to enquire of 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 sickness)
Are there restrictive covenants that are commonly picked up as part of conveyancing in Wingate?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Wingate. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I've recently bought a leasehold property in Wingate. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Wingate Leasehold Conveyancing - Sample of Questions you should ask before Purchasing
Is the freehold owned jointly by the leaseholders? Its a good idea to find out as much as you can regarding the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently in the clutches of the managing agents both financially and when it comes to every day issues like the tidiness of the common parts. Don't be afraid to ask other tenants what they think of their service. On a final note, be sure you know the dates that the service charges are due to the managing agents and specifically how they are spending that money. If a Wingate lease has fewer than 80 years it will impact the salability of the apartment. It is worth checking with your lender that they are content with the length of the lease. A short lease means that you will probably have to extend the lease at some point and it is worth finding out how much this would cost. Remember, in most cases you would be required to have been the owner of the premises for a couple of years in order to be eligible to carry out a lease extension.