I am purchasing a new build flat in Walmley. Conveyancing solicitors are said to be ‘a necessary evil’ but can I do it myself?

Leaving aside the complexities and merits of DIY conveyancing in Walmley you will have to appoint a solicitor on your mortgage company'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 Walmley.

There is lots of information on this site concerning conveyancing in Walmley but what is your top tip for selecting the right conveyancer in Walmley

We would encourage you not to go for the cheapest Walmley conveyancing fees. You really do get what you’re paying for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you go into the conveyancing with your eyes wide open.

We have agreed to purchase a house in Walmley. One unusual aspect is that the roof has a solar panel. UBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?

Given that you are obtaining a mortgage with UBS your lawyer must check the formal requirements outlined in Section 2 of UK Finance Lenders’ Handbook for UBS. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and property lawyers are required to report to UBS where a lease does not satisfy these requirements. The specifications relate to the installation of panels on properties nationwide and is not isolated to Walmley.

Having digested plenty of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Walmley solicitor - who is on the Yorkshire BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?

Yorkshire BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Yorkshire BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Walmley surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.

How does conveyancing in Walmley differ for newly converted properties?

Most buyers of new build or newly converted property in Walmley contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is constructed. This is because builders in Walmley tend to purchase the real estate, 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 property lawyers 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 Walmley or who has acted in the same development.

I am employed by a reputable estate agent office in Walmley where we see a few leasehold sales put at risk as a result of short leases. I have been given contradictory information from local Walmley conveyancing solicitors. Can you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.

Walmley Leasehold Conveyancing - A selection of Queries before Purchasing

Is the freehold reversion owned jointly by the leaseholders? What is the maintenance charge and ground rent on the apartment? Does the lease contain onerous restrictions?

My fiance and I have recently had an offer agreed on a apartment and had an appointment on Friday with the Post Office for the mortgage. They have informed me that when it comes to choosing a solicitor that unless they are on their approved list of lawyers then we will be subject to an a further fee of £250+. This is because they will then have to select a solicitor to act on their behalf as well as the one we appoint for ourselves and we assume responsibility for their invoice. I have requested the Post Office to provide me with a list so I can obtain estimates only from their approved lawyers but was told that I need to check with each individual lawyer to see if they are on the panel. Is there a list online?

You can enquire of the Post Office what their panel criteria is for a conveyancer.Thereafter ask the conveyancer of your choice whether they fit that criteria and have they acted on mortgages for the Post Office previously. Where the answer to those is yes, then just clarify this with the Post Office. Alternatively please use our search tool and we may be able to find you a property lawyer in Walmley on the panel for the Post Office.