We're in Bridgend, First timers buying with a mortgage (lender is Co-operative , and our solicitor is on the Co-operative conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Co-operative conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Will our conveyancer be asking questions about flooding as part of the conveyancing in Bridgend.
Flooding is a growing risk for solicitors dealing with homes in Bridgend. There are those who acquire a property in Bridgend, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to offer advice on flood risk, however there are a various checks that may be undertaken by the buyer or by their conveyancers which will figure out the risks in Bridgend. The conventional set of property information forms given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the seller to determine whether the property has suffered from flooding. In the event that the residence has been flooded in past and is not notified by the owner, then a buyer could issue a legal claim for losses as a result of such an inaccurate reply. A buyer’s conveyancers should also conduct an environmental report. This should reveal whether there is a recorded flood risk. If so, further investigations should be conducted.
Just had an offer accepted on a new build apartment in Bridgend. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Bridgend
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There must be mutual enforceability of lessee’s covenants. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are architect prepared. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Due to the input of my in-laws I had a survey completed on a house in Bridgend in advance of retaining conveyancers. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some lenders will not give a mortgage on this type of house.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. If you contact us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Bridgend. Conveyancing will be smoother if you use a solicitor in Bridgend especially if they regularly deal with such properties in Bridgend.
How and when do I cover the costs of the Stamp Duty Land Tax chargeable for my conveyancing in Bridgend?
Most conveyancers will complete a stamp duty return for you during your Bridgend purchase transaction for you to sign. On completion your solicitor will submit the Land Transaction application to the Tax Authorities and - assuming they have the funds - discharge any land tax liability for you.