I am progressing with the sale of my flat in Yorkshire Dales and the EA has just e-mailed to advise that the purchasers are changing their solicitor. The reason given is that the lender will only engage with solicitors on their approved list. Why would a big named mortgage company only engage with specific law firms rather the firm that they want to select to handle their conveyancing in Yorkshire Dales ?
Lenders have always had an approved set of law firms that can represent them, but in recent years big names such as Lloyds Banking Group, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for more than 25 years.
Banks point to the increase in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to monitor. Banks tend not to reveal how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is being contacted daily by practices that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. Your purchasers are unlikely to have any sway in the decision.
I am nearing an exchange on a house in Yorkshire Dales and my parents have transferred the exchange deposit to my conveyancing practitioner. I am now advised that as the deposit has not arrived from me my conveyancer needs to make a notification to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I advised the lender regarding my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
The lawyer is legally required to check with lender to ensure that they know that the balance of the purchase price is not from your own funds. Your solicitor can only disclose this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
Should my solicitor be making enquiries concerning flooding during the conveyancing in Yorkshire Dales.
The risk of flooding is if increasing concern for lawyers dealing with homes in Yorkshire Dales. Some people will buy a property in Yorkshire Dales, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, however there are a number of searches that can be undertaken by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Yorkshire Dales. The standard completed inquiry forms sent to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard question of the owner to discover whether the premises has suffered from flooding. If flooding has previously occurred and is not disclosed by the owner, then a buyer may issue a legal claim for losses stemming from an inaccurate reply. The purchaser’s conveyancers should also commission an environmental report. This will indicate whether there is a recorded flood risk. If so, more detailed investigations should be initiated.
I work for a long established estate agent office in Yorkshire Dales where we have experienced a few flat sales put at risk due to short leases. I have been given inconsistent advice from local Yorkshire Dales conveyancing solicitors. Can you shed some light as to whether the vendor of a flat can commence 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 for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord 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 invested in buying a garden flat in Yorkshire Dales, conveyancing having been completed in 2012. Can you shed any light on how much the price could be for a 90 year extension to my lease? Comparable flats in Yorkshire Dales with a long lease are worth £227,000. The ground rent is £50 invoiced annually. The lease ends on 21st October 2097
With 72 years remaining on your lease the likely cost is going to be between £9,500 and £11,000 as well as costs.
The figure that we have given is a general guide to costs for renewing a lease, but we are not able to advice on a more accurate figure without more comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not move forward based on this information without first seeking the advice of a professional.
I require the services of a bank panel solicitor in Yorkshire Dales. Can you assist?
It is not clear why you need a Yorkshire Dales panel solicitor but in any event, if you can not find one on our search tool you will need to speak directly to the lender to find out which solicitors in Yorkshire Dales are on their panel . If you do find such a firm in Yorkshire Dales not listed please direct them to our site to list. After all the cost is only one £1 a month