Completed the sale of my flat in Moulton last April yet the purchaser is e-mailing me complaining that his conveyancer is waiting to hear from mine. What should my lawyer have done now that I have sold?
Post completion of your disposal your solicitor is committed to forward the transfer documentation and all additional paperwork to the buyer’s solicitors. Depending on the transaction, your lawyer should also confirm that the home loan has been repaid to the purchasers conveyancers. There are no post completion procedures just for conveyancing in Moulton.
My conveyancer has informed me that lack of building regulations insurance is necessary on my purchase. What is the level of cover for Moulton conveyancing?
The appropriate level of lack of building regulations indemnity insurance should be dictated by who who your lender is. It would differ for example between Barclays and The Royal Bank of Scotland. Conveyancing lawyers as opposed to members of the public take out such policies.
I'm the sole beneficiary of my late grandmother’s estate and I have everything in my name alone, including the house in Moulton. Conveyancing formalities meant that the Land Registry date was in February. I now wish to sell up. I understand that there is a CML 6 month 'rule', meaning my property ownership will be considered the same way as though I had purchased the property in February. Will no one buy the property for half a year?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Most mortgage companies would take a practical view as this obligation primarily exists to identify the purchase and immediately sell or the quick reselling of property.
We expect to receive a OIP from Barclays this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Barclays recommend any Moulton solicitors on the Barclays conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Moulton solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.
I was advised by numerous estate agents in Moulton to find a property lawyer on your site. What’s the financial advantage for Estate Agents to promote your services over and above another?
We refuse to make any commission for directing people to this site. We found it would be just too difficult to pay a commission because members of the public would think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
I’m about to sell my 2 bed flat in Moulton. Conveyancing is yet to be initiated, but I have just received a half-yearly maintenance charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should pay the service charge as you normally would as all ground rent and maintenance payments should be allotted on completion, so you should recover the relevant percentage by the buyer 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. This will smooth the conveyancing process.
Leasehold Conveyancing in Moulton - Examples of Questions you should ask before Purchasing
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Does the lease have onerous restrictions? Is anyone aware of any major works on the horizon that will increase the service charges? This information is useful as a) areas could cause problems for the building as the common areas may begin to deteriorate where maintenance are not paid for b) if the tenants have an issue with the managing agents you will want to have complete disclosure
Our solicitor in Moulton has uncovered a a problem with the lease for the property we are purchasing in Moulton. The other side have offered defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our solicitor says that as he is on the lender conveyancing panel he must check that the lender is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the bank are the client. A precondition to being on the mortgage company approved panel is to comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects will the lease so that the bank 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 lawyer will have no choice but to discontinue acting for you.