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Find a Birkenshaw Conveyancing Solictior on Your Lender’s Panel

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

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Recently asked questions about conveyancing in Birkenshaw

I chose a high street firm for our conveyancing in Birkenshaw last week. Upon checking the fine print I notewe are responsible for fees even if the movefalls through. Should I go with them or instruct an on-line conveyancing brokerage advertising no move no charge conveyancing in Birkenshaw?

It is usually ‘give and take’ in that if "No Sale No Fee" is offered then the fee levels will tend to be be higher to counteract the transactions that fail to complete. Also remember that such offerings tend not to cover disbursements such your Birkenshaw conveyancing search costs.

My husband and I are approaching an exchange on a house in Birkenshaw and my parents have transferred the 10% deposit to my solicitor. I am now informed that as the deposit has been sent from someone other than me my conveyancing practitioner needs to make a notification to my bank. I am advised that, in also acting for the lender he must inform them that the balance of the purchase price is not just from me. I advised the bank concerning my parents' contribution when I applied for the mortgage, so is it really appropriate for him to raise this?

Your conveyancer is legally required to check with lender to make sure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.

Do lenders provide you with an approved list of Birkenshaw conveyancing solicitors? How do you know who is on the Co-operative conveyancing panel?

Birkenshaw conveyancing firms themselves provide us confirmation that they are on the Co-operative conveyancing panel as opposed to being supplied with a list from Co-operative directly.

I bought my apartment on 5 February and the transaction details is not yet on the land registry website. Should I be concerned? My conveyancing solicitor in Birkenshaw advises it should be registered in less than a month. Are transfers in Birkenshaw particularly slow to register?

As far as conveyancing in Birkenshaw registration is no quicker or slower than anywhere else in England and Wales. Rather than based on location, timescales can adjust depending on the party submitting the application, whether there are errors and whether the Land registry have to notify any 3rd parties. At present approximately three quarters of submission are fully addressed in less than three weeks but occasionally there can be protracted hold-ups. Registration occurs after the purchaser has moved in to the property thus 'speed' is not always top priority but if it is urgent that the the registration takes place urgently then you or your solicitor must communicate with the Registry to express the reasoning for the application to be prioritised.

Can you provide any advice for leasehold conveyancing in Birkenshaw with the aim of saving time on the sale process?

  • Much of the frustration in leasehold conveyancing in Birkenshaw can be bypassed where you instruct lawyers as soon as your agents start advertising the property and ask them to collate the leasehold information needed by the buyers’ lawyers.
  • If you hold a share in a the freehold, you should ensure that you hold the original share certificate. Arranging a re-issued share certificate can be a lengthy process and frustrates many a Birkenshaw conveyancing deal. If a duplicate share is required, do contact the company director and secretary or managing agents (where applicable) for this at the earliest opportunity. If there is a history of conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The buyers and their solicitors will be reluctant to purchase a flat where there is an ongoing dispute. You may need to swallow your pride and pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to present the dispute as over rather than unsettled. A minority of Birkenshaw leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, you should place the estate agents on notice to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers. In the event that you altered the property did you need the Landlord’s approval? In particular have you installed wooden flooring? Birkenshaw leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such works. If you dont have the approvals in place you should not contact the landlord without contacting your lawyer in advance.

Birkenshaw Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

    How much is the maintenance charge and ground rent on the property? The prefered form of lease structure is where the freehold title is owned by the leaseholders. In this scenario the lessees benefit from control and notwithstanding that a managing agent is often employed if the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. In the main the cost for major works are not built into the maintenance charges, albeit that some managing agents in Birkenshaw obliged leaseholders to pay into a reserve fund and this is used to offset against major works.

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