My husband and I are purchasing a newly built flat in Yorkshire Dales and my solicitor is advising me that she is duty bound to the bank to reveal incentives from the builder. I am nearing the developer’s deadline to exchange and my preference is not to delay matters. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your conveyancer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My wife and I are in the throws of looking at flats in Yorkshire Dales and I am now considering a potential offer. Should I already have a property lawyer appointed at this stage? I am planning to take a home loan with Skipton.
You should start requesting conveyancing estimates from solicitors ASAP. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the estate agent. Given that you are seeking a mortgage with Skipton, ask your prospective lawyers if they are on the Skipton conveyancing panel otherwise they can't do the mortgage legal work.
The mortgage over my property is with HSBC for my property in Yorkshire Dales. Conveyancing was finalised 12 months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform HSBC?
HSBC must be informed of your intention in advance of letting out your property as this is likely to be a breach of HSBC’s mortgage conditions. It may be that HSBC will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact HSBC directly. It should not be necessary to do this via a HSBC conveyancing panel solicitor.
I am selling my house. I had a double glazing fitted in May 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, HSBC are being pedantic. The Yorkshire Dales solicitor who is on the HSBC conveyancing panel is recommending indemnity insurance as a solution but HSBC are insisting on a building regulation certificate. Why do HSBC have a conveyancing panel if they don't accept advice from them?
It is probably the case that HSBC have referred the matter to their valuer. The reason why HSBC may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
We are purchasing a property and the solicitor has mentioned Chancel Repair for which the property could be liable given it’s proximity to the area of such a church. He has mentioned insurance. Is this really warranted for conveyancing in Yorkshire Dales
Unless a previous acquisition of the property took place after 12 October 2013 you could take it that lawyers conducting conveyancing in Yorkshire Dales to remain encouraging a chancel search and or insurance against a claim.
I opted to have a survey completed on a house in Yorkshire Dales in advance of instructing lawyers. I have been informed that there is a flying freehold element to the property. My surveyor advised that some lenders will not give a loan on such a home.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Yorkshire Dales. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Yorkshire Dales to see if the conveyancing costs will increase in light of this.
My husband and I are FTB’s - had an offer accepted, but the agent told us that the owners will only issue a contract if we use their chosen solicitors as they need a ‘quick sale’. My instinct tells me that we should use a local solicitor accustomed to conveyancing in Yorkshire Dales
We suspect that the seller is unaware of this demand. Should the owner desire ‘a quick sale', turning down a serious buyer is going to damage their objectives. Try to communicate with the owners directly and make the point that (a)you are keen to buy (b)you are ready to go, with finances arranged © you are chain free (d) you intend to proceed fast (e)however you intend to use your own,trusted Yorkshire Dales conveyancing lawyers - rather thanthe ones that will earn the negotiator at the agency a commission or achieve conveyancing figures demanded by HQ.