My partner and I are only a couple days away from an exchange on a property in South Shields and my mum and dad have transferred the exchange deposit to my conveyancer. I am now informed that as the deposit has not come from me my lawyer needs to make a notification to my mortgage company. I am advised that, in also acting for the bank he must inform them that the balance of the purchase price is coming from anyone other than me. I informed the lender regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to delay the deal?
Your property lawyer is duty bound to check with the bank to make sure that they are aware that the balance of the purchase price is not from your own funds. Your solicitor can only notify this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
The estate agent has sent us the confirmation of our purchase of a new build flat in South Shields. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in South Shields
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please confirm the Lease plans are architect prepared. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. South Shields is the location of the property. What do you suggest?
Flying freeholds in South Shields are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside South Shields you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in South Shields may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
We're first time buyers - had an offer accepted, yet the property agent told us that the vendor will only proceed if we instruct the agent's preferred conveyancers as they are insisting on a ‘quick sale’. We would rather use a family conveyancer who is familiar with conveyancing in South Shields
It is unlikely the sellers are driving this. If they want ‘a quick sale', taking such a hostile approach to a genuine purchaser is counter productive. Contact the sellers directly and explain that (a)you are keen to buy (b)you are excited to move forward, with finances arranged © you do not need to sell (d) you intend to proceed fast (e)however you are going to use your preferred South Shields conveyancing solicitors - as opposed tothe ones that will earn their estate agent a introducer fee or meet his conveyancing targets set by senior management.
The lawyers handling our conveyancing in South Shields has forwarded documents to review that show the property is unregistered with epitome documents. Surely all properties in South Shields should be registered?
The majority of property in South Shields is registered. An 'epitome' is basically a dossier of photocopies of documents affecting an unregistered title. Many South Shields conveyancing lawyers will be familiar with such matters but if any uncertainty prevails the conventional advice these days seems to be for the current owners to undertake the registration formalities first and thereafter sell - this will have a domino effect to cause a significant delay.