My conveyancer has uncovered a a legal deficiency with the lease for the property we are buying in Ombersley. The seller’s lawyers have put forward title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer has advised that he must check that the bank is content with this solution. Who is the client here, us or the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with 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 conveyancing practitioner will have no choice but to discontinue acting for you.
It is a dozen years since I acquired my home in Ombersley. Conveyancing lawyers have recently been retained on the sale but I am unable to find my title documents. Is this a major issue?
You need not be too concerned. First the deeds may be with your lender or they may be in the possession of the conveyancers who oversaw the purchase. Secondly in most cases the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring up to date copy of the land registers. The vast majority of conveyancing in Ombersley involves registered property but in the rare situation where your home is unregistered it is more of a problem but is not insurmountable.
I am purchasing my first flat in Ombersley benefiting from help to buy. The builders would not move on the price so I negotiated £7000 of extras instead. The house builders rep advised me not inform my conveyancer about this side-deal as it would jeopardize my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer 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.
What does commercial conveyancing in Ombersley cover?
Non domestic conveyancing in Ombersley covers a wide range of guidance, supplied by qualified solicitors, relating to business property. For instance, this area of conveyancing can cover the sale or purchase of freehold business premises or, more usually, the transfer of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
I need to instruct a conveyancing solicitor for my conveyancing in Ombersley. I've chance upon a web site which seems to have the ideal offering If there is a chance to get all this stuff done via email that would be ideal. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?