Me and my partner are buying a 3 bedroom flat in Low Fell with a mortgage. We would like to retain our Low Fell lawyer, however the mortgage company advise she’s not on their "panel". It seems we have no choice but to use one of the bank panel firms or retain our Low Fell conveyancing practitioner as well as pay for one of their panel lawyers to represent them. This feels very unfair; can we not require that the mortgage company use our Low Fell conveyancing practitioner ?
No, not really. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Low Fell conveyancing solicitor to apply to be on the conveyancing panel.
Me and my partner are due to exchange on the purchase of a property in Low Fell but as a result of wreckage from a small fire at the property I have managed to agree compensation from the seller of three thousand pounds taking the form of a deduction in the price. I had intended this to be addressed as part of the conveyancing process however Virgin Money are not allowing this. Should they have been approached?
Any conveyancer that is on the Virgin Money approved list is obliged to disclose to Virgin Money of any changes to the purchase price. If you were to refuse your lawyer to disclose the reduction to Virgin Money then they would have to discontinue acting for you. In addition, Virgin Money and you would have to appoint a new solicitor for your conveyancing in Low Fell.
The Low Fell conveyancing solicitors that I recently instructed on my purchase in Low Fell have suddenly closed. They were on acting for me because I had to have a lawyer on the Coventry BS conveyancing panel and my family Low Fell lawyer was not. I paid them money in advance. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they can let the sellers know that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Coventry BS conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
I am thinking of appointing a conveyancing practitioner in Low Fell for my remortgage. Is there any facility to check a firm’s complaints history with the legal regulator?
One can read documented Solicitor Regulator Association (SRA) determinations stemming from inquisitions started on or after Jan 2008. Go to Check a solicitor's record. For records Pre 2008, or to check a firm's history, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, call +44 (0)121 329 6800. The regulator could recorded call for training reasons.
Estate agents have just been given the go-ahead to market my garden flat in Low Fell. Conveyancing lawyers have not yet been instructed, however I have just had a half-yearly service charge invoice – Do I pay up?
Your conveyancing lawyer is likely to suggest that you should discharge the service charge as normal as all ground rent and service invoices will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Low Fell Leasehold Conveyancing - Sample of Queries Prior to Purchasing
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Please note if it is less than eighty years it will impact the marketability of the flat. It is worth checking with your mortgage company that they are willing to go ahead with the loan given the lease term. Leases with fewer than 80 years remaining means that you will almost definitely have to extend the lease at some point and it is worth discovering what this will be. For most Low Felllease extensions you will need to own the property for 24 months in order to be eligible to extend the lease. What prohibitions are there in the Low Fell Lease? The prefered form of lease arrangement is if the freehold title is owned by the leaseholders. In this situation the lessees enjoy being in charge if their destiny and although a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves.