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Recently asked questions about conveyancing in Newbury Park

We have rather assertive vendors who has insisted on a lock out contract with a deposit 10k. Are such agreements sensible?

There are a couple of main drawbacks with signing a lock out agreement (sometimes known as a shut-out contract) is that it takes away the focus from progressing with the conveyancing process, so unless it requires limited or no negotiation then it may turn out to be a cause of frustration and delay. It is not particularly popular by Newbury Park conveyancing solicitors for this reason. A supplemental concern is the extent of the remedies available - an aggrieved purchaser is not likely to be issued with an injunctive ruling by a court to stop the seller completing the sale to an alternative purchaser, so the only remedy available under the contract will be the reimbursement of wasted charges and, in limited situations, the extra payment of damages.

It is a dozen years since I bought my house in Newbury Park. Conveyancing solicitors have now been appointed on the sale but I can't track down my title documents. Will this jeopardise the sale?

You need not be too concerned. Firstly the deeds may be with your mortgage company or they may be in the possession of the conveyancers who handled your purchase. Secondly in all probability the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Newbury Park relates to registered property but in the unlikely event that your home is not registered it is more problematic but is not insurmountable.

Will our conveyancer be raising questions about flooding as part of the conveyancing in Newbury Park.

The risk of flooding is if increasing concern for conveyancers specialising in conveyancing in Newbury Park. Plenty of people will purchase a house in Newbury Park, fully aware that at some time, it may suffer from flooding. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Conveyancers are not qualified to give advice on flood risk, however there are a number of checks that may be carried out by the buyer or by their conveyancers which should give them a better understanding of the risks in Newbury Park. The conventional set of property information forms supplied to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the vendor to discover whether the premises has historically flooded. In the event that flooding has previously occurred and is not revealed by the owner, then a purchaser could commence a claim for damages as a result of such an misleading reply. The buyer’s solicitors may also order an enviro search. This should higlight whether there is any known flood risk. If so, more detailed inquiries will need to be initiated.

I bought my house on 16 February and my personal details is not yet registered. Should I be concerned? My conveyancing solicitor in Newbury Park advises it would be dealt with in a couple of weeks. Are properties in Newbury Park particularly slow to register?

There is nothing unique when it comes to conveyancing in Newbury Park registration formalities. Rather than based on location, timeframes can differ subject to the party submitting the application, whether there are errors and if the Land registry have to notify any 3rd persons or bodies. As of today approximately 80% of such applications are fully dealt with within 12 days but some can be subject to extensive delays. Registration is effected once the buyer has moved in to the premises thus 'speed' is not always primary concern but where there is a degree of urgency associated with the registration then you or your solicitor could speak with the land registry and explain the circumstances.

At what point do I pay stamp duty payable for my purchase in Newbury Park?

The majority of conveyancing practitioners tend to fill out a Land Transaction Return Form for you as part of your Newbury Park conveyancing transaction for signature. After completion your solicitor will submit your Land Transaction application to the Tax Authorities and - assuming they have the funds - pay any land tax liability on your behalf.

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