My husband and I are hoping to buy a property in Ventnor and have instructed a Ventnor conveyancing practice. Within the last couple of days our conveyancer has forwarded the sale agreement to be signed with a detailed report with a view to exchanging next week. Halifax have this afternoon contacted us to advise us that they have now hit a problem as our Ventnor conveyancer is not on their approved list of lawyers. Is this a problem?
Where 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 mortgage company 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 Ventnor solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
I have given 2 months notice to my current landlord and must leave my let out apartment in Ventnor by 24/4/2025. Conveyancing on my purchase is progressing. How realistic is it to complete in six weeks as don't want to have to move into short term accommodation?
It is unwise to provide notice for your lease until your lawyer suggests that you should. If you have not already done so, update to your lawyer and request that they apply pressure on the other lawyers, try to get a realistic time scale from them that all parties will work towards
Are the BSA intent on creating a search tool with a view to to identify practices on the Melton Mowbray Building Society conveyancing panel for instance in Ventnor?
Lexsure has not been advised of any plans on the part of the BSA to promote such a search facility.
Should my lawyer be raising enquiries regarding flooding as part of the conveyancing in Ventnor.
Flooding is a growing risk for solicitors dealing with homes in Ventnor. Plenty of people will buy a house in Ventnor, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a numerous searches that can be carried out by the purchaser or on a buyer’s behalf which can figure out the risks in Ventnor. The conventional set of information given to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to determine if the property has ever been flooded. If flooding has previously occurred which is not revealed by the owner, then a buyer could commence a claim for damages resulting from an inaccurate response. A buyer’s solicitors should also commission an enviro search. This should reveal whether there is a recorded flood risk. If so, more detailed inquiries will need to be carried out.
The estate agent has sent us the confirmation of our purchase of a new build flat in Ventnor. Conveyancing is necessary evil 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 legal work.
Here is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Ventnor
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Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.