My fiance and I are planning to buy a property in Tiptree and have instructed a Tiptree conveyancing firm. Within the last couple of days our solicitor has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Halifax have this evening contacted us to advise us that they have now hit a problem as our Tiptree conveyancer is not on their conveyancing panel. Please explain?
If you are buying a property requiring a mortgage it is usual for the purchasers' lawyers to also represent the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your solicitor should contact your bank and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel and you may continue to use your own Tiptree solicitors, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
My wife and I are selling our home in Tiptree and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any high street Tiptree lawyer would know this is not the case. For the life of me I don't know why the buyers used an online conveyancing outfit as opposed to a conveyancing solicitor in Tiptree. Having lived in Tiptree for 4 years we know of no issue. Do we get in touch with our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing firm already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
How does conveyancing in Tiptree differ for new build properties?
Most buyers of new build or newly converted property in Tiptree contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Tiptree usually purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Tiptree or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a straight forward, chain free conveyancing. Tiptree is where the house is located. Can you offer any assistance?
Flying freeholds in Tiptree are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Tiptree you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tiptree may ascertain 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.
My husband and I are FTB’s - agreed a price, but the property agent advised that the seller will only proceed if we use their recommended solicitors as they want an ‘expedited deal’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Tiptree
We suspect that the owner is not behind this requirement. Should the owner require ‘a quick sale', alienating a genuine buyer is likely to cause more damage than good. Bypass the agents and go straight to the sellers and make the point that (a)you are keen to buy (b)you are excited to move forward, with finances in place © you are unencumbered (d) you wish to move quickly (e)but you intend to appoint your preferred Tiptree conveyancing firm - not the ones that will give their estate agent a kickback or achieve conveyancing figures set by senior management.