The sellers of the house we are looking to purchase have appointed a conveyancing practitioner in Erith who has insisted on a lock out agreement with a deposit two thousand pounds. Are such agreements promoted for Erith conveyancing transactions?
There are a couple of main drawbacks with entering into any lock out agreement (occasionally termed an exclusivity agreement) is that it can distract from moving forward with the conveyancing process, so unless it requires limited or no negotiation then it may turn out to be a hindrance. It is not strongly advocated amongst Erith conveyancing practitioners for this reason. A supplemental issue is the extent of the remedies available - an aggrieved buyer is extremely unlikely to be granted an injunction to bar the seller disposing of the property to another buyer, so the only remedy available under the contract will be the recovery of wasted costs and, in limited circumstances, the additional payment of penalties.
As someone not used to conveyancing in Erith what’s the number one tip you can impart concerning the ownership transfer in Erith
You may not hear this from too many lawyers but conveyancing in Erith or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there exists an abundance of opportunity for friction between you and others involved in the transaction. For example, the seller, estate agent and sometimes your lender. Appointing a lawyer for your conveyancing in Erith is a critical decision as your conveyancer is your adviser, and is the ONLY person in the legal process whose interest is to act in your legal interests and to keep you safe.
On occasion a third party with a vested interest may attempt to persuade you that it is in your interests to do things their way. For instance, the property agent may claim to be helping by claiming that your lawyer is wrong. Or your financial adviser may tell you to do take action that is contrary to your solicitors guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I am considering remortgaging my house in Erith, does my lawyer need to be on the TSB Solicitor panel?
There is nothing to stop you using your solicitor, but TSB will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
Yesterday I discovered that there is a flying freehold element on a house I have offered on last month in what was supposed to be a simple, no chain conveyancing. Erith is the location of the property. What do you suggest?
Flying freeholds in Erith are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Erith you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Erith may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Should I be wary about brokers that I am dealing with are encouraging me to use an online conveyancing firm rather than a local Erith conveyancing practice?
As with lots of service providers, often referrals from relatives can be worth their weight in gold. Yet there are lots of players in a conveyancing deal; estate agents, mortgage brokers and banks may suggest conveyancers to retain. On occasion the lawyers might be known to one of the organisations as experts in their field, but occasionally there may be a financial incentive behind the recommendation. You are at liberty to choose your preferred conveyancer. Don't forget that the majority of mortgage providers have an approved list of law firms you have to use for the lender related work in your house move.