I require conveyancing for an apartment in a relatively new development (seven years built) in Fawley. Almost all the appartments have already been occupied. Is it really necessary to order conveyancing searches as part of conveyancing in Fawley?

If you getting a loan, your bank will need some (many) of the searches so you'll have no choice. If not, then Fawley conveyancing searches are optional. No doubt your conveyancer, will ’encourage’, perhaps in the strongest possible terms, that you should have the searches done, but he or she is duty bound in this regard. One thing to bear in mind; if you are likely to sell the house one day, it may be of interest to your future buyer what the searches contain. Sometimes houses with no practical issues can still throw up adverse search results. But if you demand that your lawyer to proceed without searches then your lawyer will have to follow your instructions or it may be necessary to instruct a new lawyer for your conveyancing in Fawley.

We are looking to buy a flat and need a conveyancing solicitor in Fawley who is on the HSBC approved panel. Can you recommend a local conveyancing firm?

Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for HSBC . We don't recommend any particular firms conducting conveyancing in Fawley.

I'm purchasing my first flat in Fawley with a loan from Birmingham Midshires. The sellers would not reduce the price so I negotiated 6k of additionals instead. The sale representative advised me not inform my solicitor about the side-deal as it will affect my mortgage with Birmingham Midshires. Should I keep quiet?.

All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.

Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.

Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.

I work for a busy estate agent office in Fawley where we have witnessed a number of leasehold sales derailed as a result of leases having less than 80 years remaining. I have received conflicting advice from local Fawley conveyancing firms. Can you clarify whether the owner of a flat can commence the lease extension formalities for the purchaser on completion of the sale?

As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Fawley Leasehold Conveyancing - Sample of Questions you should ask Prior to Purchasing

What is the service charge and ground rent on the apartment? How is the lease structured? This question is useful as a) areas could result in problems for the block as the common areas may begin to deteriorate where maintenance are not paid for b) if the tenants have a dispute with the running of the building you will wish to have complete disclosure

My wife and I intend to purchase our first home in Fawley. Conveyancing lawyer has been chosen. The financial consultant suggested that a survey is not needed as the house was only constructed 16 yrs ago.

You would be best advised to take a Home Buyer's Report. As the premises is more than ten years old the property will not come with a warranty, so you would be well advised not to take a risk. For a property that age with no signs of problems a Home Buyer's report may be enough. The report should highlight any apparent issues and suggest further investigation where relevant. If there are any indications of material issues obtain a comprehensive Building Survey from the beginning.