My wife and I are getting closer to an exchange on a flat in Battle and my parents have sent the exchange deposit to my property lawyer. I am now informed that as the deposit has been received from someone other than me my property lawyer needs to make a notification to my mortgage company. Apparently, in also acting for the bank he must advise them that the balance of the purchase price is not just from me. I informed the lender about my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
Your conveyancing practitioner is duty bound to check with lender to ensure that they understand that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
What is the first thing I need to know regarding purchase conveyancing in Battle?
Not many law firms shout this from the rooftops but conveyancing in Battle or throughout East Sussex is often a confrontational process. In other words, when it comes to conveyancing there exists plenty of room for friction between you and others involved in the house moving process. For instance, the vendor, property agent and even potentially the bank. Appointing a lawyer for your conveyancing in Battle an important selection as your conveyancer is your adviser, and is the SOLE party in the legal process whose role it is to protect your legal interests and to protect you.
Sometimes a potential adversary may attempt to convince you that it is in your interests to do things their way. For instance, the selling agent may claim to be assisting by claiming that your conveyancer is slow. Or your mortgage broker may tell you to do take action that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
is it true that all Battle solicitors on the Lloyds conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Lloyds conveyancing panel they would need to be regulated by the SRA. Many lenders do list licenced conveyancers on their panel in which case such practice would be overseen by the Council of Licensed Conveyancers.
We are getting a further advance on our home loan from Co-operative as we want to conduct renovations to our home in Battle. Are we obliged to choose a high street Battle solicitor on the Co-operative conveyancing panel to deal with the paperwork?
Co-operative would not normally require a member of their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Co-operative conveyancing panel.
I am currently in the process of buying my council flat in Battle. I have a mortgage offer with Co-operative. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have 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 Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I used Stirling Law a few years ago for my conveyancing in Battle. I now require my papers but the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Battle of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Completion is due on the disposal of our £275,000 flat in Battle on Friday in a week. The landlords agents has quoted £360 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge an administration fee for a flat conveyance in Battle?
For the majority of leasehold sales in Battle conveyancing will involve, queries regarding the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
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Addressing conveyancing due diligence enquiries
Where consent is required before sale in Battle
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Battle Leasehold Conveyancing - Sample of Queries before buying
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This information is important as a) areas could cause problems in the block as the common areas may begin to deteriorate where maintenance remain unpaid b) if the leaseholders have a dispute with the running of the building you will want to have full disclosure Best to be warned whether changing the roof or some other major work is pending that will be shared amongst the tenants and could well materially increase the the maintenance costs or require a one time payment. Who is in charge of the block?