Our solicitor has identified a a legal deficiency with the lease for the apartment we are purchasing in Easton. The seller’s lawyers have suggested title insurance as a solution. We are happy with insurance and will cover the costs. Our solicitor has advised that he must check that the lender is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancer will have no choice but to discontinue acting for you.
As someone not used to the Easton conveyancing process what’s your top tip you can impart for the home moving process in Easton
Not many law firms or advisers will tell you this but conveyancing in Easton and elsewhere in Bristol is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of room for conflict between you and other parties involved in the transaction. For example, the vendor, estate agent and sometimes a lender. Appointing a law firm for your conveyancing in Easton an important selection as your conveyancer is your adviser, and is the SOLE party in the transaction whose responsibility is to protect your legal interests and to protect you.
On occasion a third party with a vested interest will try and sway you that you should follow their advice. For instance, the property agent may claim to be helping by suggesting your conveyancer is wrong. Or your mortgage broker may try to convince you to do something that is against your lawyers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Me and my partner are purchasing a apartment in Easton. I might seem paranoid but how we can trust a conveyancer? At some point we will need to put funds into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am assisting my mother sell her house in Easton. Does the conveyancer arrange the EPC or should I organise this?
Following the demise of Home Packs, energy performance certificates was maintained a mandatory element of moving property. An energy assessment should be to hand before the property is marketed. It is not as aspect of the sale process that solicitors ordinarily arrange. If you are using a Easton conveyancing practitioner they might help arrange energy assessments due to their relationships with reputable local assessors
My solicitor has informed me that lack of planning permission insurance is necessary on my purchase. What is the level of cover for Easton conveyancing?
The right level of lack of planning permission indemnity insurance should be dictated by who who your lender is. It would differ for example between Yorkshire Building Society and Skipton Building Society. Conveyancing lawyers as opposed to borrowers take out such policies.
Do commercial conveyancing searches reveal planned roadworks that may impact a commercial premises in Easton?
Its becoming the norm that commercial conveyancing solicitors in Easton will conduct a SiteSolutions Highways report as it dramatically cuts the time that conveyancers spend in researching accurate data on highways that impact buildings and development assets in Easton. The search result provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Easton.
For every commercial conveyancing transaction in Easton it is crucial to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can cause delays to Easton commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for residential conveyancing in Easton.
A conveyancing company handled my conveyancing in Easton half a dozen years ago and was holding my registration documents but has now closed – What steps do I now take to get hold of these?
Title deeds, as such, no longer exist as most homes in Easton are registered electronically at Land Registry. Should you need to establish evidence of proprietorship or are disposing of or refinancing your conveyancer should obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned as quickly as possible.