I am selling my flat in Oakleigh Park. Will my solicitor need to be required to be on the Santander conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the Santander conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently currently.
I'm at the point of viewing flats in Oakleigh Park and I am now considering a potential offer. Should I already have a conveyancing practitioner appointed at this stage? I will be getting a home loan with Barclays.
It would be sensible to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the estate agent. As you are seeking a mortgage with Barclays, ask your prospective lawyers if they are on the Barclays conveyancing panel otherwise they can't do the mortgage legal work.
I am currently in the process of buying my council flat in Oakleigh Park. I have a mortgage offer with Yorkshire BS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
Completion of my purchase has taken place for my property in Oakleigh Park. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Should my solicitor be making enquiries regarding flooding as part of the conveyancing in Oakleigh Park.
Flooding is a growing risk for solicitors specialising in conveyancing in Oakleigh Park. There are those who purchase a property in Oakleigh Park, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to impart advice on flood risk, but there are a numerous checks that may be initiated by the purchaser or by their lawyers which will give them a better understanding of the risks in Oakleigh Park. The standard information sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the seller to find out whether the property has ever been flooded. In the event that flooding has previously occurred and is not notified by the owner, then a purchaser may bring a legal claim for losses as a result of such an incorrect answer. A buyer’s solicitors may also conduct an environmental search. This should indicate if there is a recorded flood risk. If so, further inquiries will need to be carried out.
I have been on the look out for a ground for flat up to £245,000 and identified one close by in Oakleigh Park I like with amenity areas and railway links in the vicinity, the downside is that it only has 49 years on the lease. I can't really find anything else in Oakleigh Park in this price bracket, so just wondered if I would be making a mistake buying a lease with such few years left?
If you require a home loan the remaining unexpired lease term will likely be problematic. Reduce the price by the anticipated lease extension will cost if not already taken into account. If the existing owner has owned the premises for at least 2 years you may request that they start the process of the extension and pass it to you. You can add 90 years to the existing lease term with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this matter.
To what extent are Oakleigh Park conveyancing solicitors under an obligation to the Law Society to issue clear conveyancing costs?
Inbuilt into the Solicitors Code of Conduct are set rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their fees to clients.The Law Society have a practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not intended as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, however, represent the Law Society’s perspective of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Oakleigh Park or across England and Wales.