Our lawyer has discovered a a legal deficiency with the lease for the apartment we are purchasing in Tolworth. The seller’s lawyers have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our property lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer 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 lender 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 solicitor will have no choice but to discontinue acting for you.
I am purchasing a right to buy a flat in Tolworth. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Tolworth you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Tolworth.
We are close to exchanging contracts on the sale of our home in Tolworth and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Tolworth lawyer would know that there is no such problem. It does beg the question why the purchasers used a web based conveyancing outfit rather than a conveyancing solicitor in Tolworth. Having lived in Tolworth for many years we know that this is a non issue. Is it a good idea to contact our local Authority to get clarification need.
It sounds as though you may have a conveyancing firm already. What do they say? You should 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 life insurance to cover that same illness)
I am buying a new build apartment in Tolworth. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Tolworth
-
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Please confirm the Lease plans are architect prepared. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
As co-executor for the estate of my grandmother I am selling a residence in Cardiff but reside in Tolworth. My lawyer (approximately 260 miles from merequires that I execute a stat dec ahead of the transaction finalising. Could you suggest a conveyancing solicitor in Tolworth who can witness this legal document for me?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally any notary public or qualified solicitor will suffice regardless of whether they are located in Tolworth