We have rather assertive vendors who has suggested a lock out agreement with a deposit 6,000. Are such agreements sensible?
Lock out contracts are contracts between a home vendor and prospective buyer granting the buyer a ‘clear field’ to the sale of the premises for a limited period of time. Essentially, an exclusivity is a document stating that you will be issued with a contract at a later time being the contract for the actual sale. It is generally used for buyer confidence though in many situations, the seller may stand to benefit from such agreements as well. There are various positives and negatives to having them but you should to check with your conveyancer but note that it may end up costing you more in conveyancing fees. For these reasons these contracts are rare when it comes to conveyancing in Angel.
The Angel conveyancing firm that I recently instructed on my house acquisition in Angel have suddenly closed. I chose them because I had to have a lawyer on the Clydesdale conveyancing panel and my preferred Angel lawyer was not. I paid them money in advance. What are my options?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Clydesdale conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to help.
I am assisting my niece sell her property in Angel. Does the conveyancer arrange the energy assessment or should I organise this?
Following the demise of Home Information Packs, EPC’s was kept a mandatory component of selling a house. An EPC should be to hand in advance of the property being advertised. It is not as aspect of the sale process that solicitors normally arrange. Where you are instructing a Angel conveyancing practitioner they might be able to arrange energy performance certificates due to their relationships with long established local assessors
I have decided to exercise my right to buy my property in Angel off the council. I have a mortgage offer with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
I can not fathom if my bank requires a lease extension. I have called my Angel bank branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Angel conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Your conveyancing practitioner must follow the Council of Mortgage Lenders’ Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
How does conveyancing in Angel differ for new build properties?
Most buyers of new build premises in Angel contact us having been asked by the seller to exchange contracts and commit to the purchase even before the house is finished. This is because builders in Angel tend to buy the land, 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 used to new build conveyancing in Angel or who has acted in the same development.
Is it best to instruct a Angel conveyancing solicitor who is local to the property I am hoping to buy? An old friend can conduct the conveyancing but they are based over three hundred kilometers away.
The benefit of a high street Angel conveyancing firm is that you can pop in to execute paperwork, deliver your ID and apply pressure on them where appropriate. They will also have local insight which is a benefit. However it's more important to get someone that will do a good and efficient job. If other friends have used your friend and they were happy that must trump using an unfamiliar Angel conveyancing lawyer solely due to them being round the corner.