My fiance and I intend to remortgage our flat in Braintree with Yorkshire BS. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is repossessed. I have two questions (1) Is this form unique to the Yorkshire BS conveyancing panel as he never had to sign this form when we purchased 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Yorkshire BS. This is solely used to protect Yorkshire BS if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Yorkshire BS had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Please explain the implications if my solicitor is suspended from the RBS Conveyancing panel ahead of completing my conveyancing in Braintree?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Braintree?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Braintree. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
We're new on the property ladder - had an offer accepted, yet the selling agent has warned us that the vendor will only proceed if we appoint the agent's recommended solicitors as they are insisting on a ‘quick sale’. We would rather use a family conveyancer with experience of conveyancing in Braintree
It is improbable the vendors are behind this. Should the vendor want ‘a quick sale', taking such a hostile approach to a serious purchaser is not the way to achieve this. Speak to the vendors direct and explain that (a)you are motivated buyers (b)you are excited to move forward, with mortgage lined up © you are chain free (d) you wish to move quickly (e)but you are going to appoint your own,trusted Braintree conveyancing solicitors - not the ones that will earn their estate agent a referral fee or achieve conveyancing targets pre-set by senior management.
Is it true that a Braintree conveyancing company taken to court by clients for not carrying out the right conveyancing investigations?
Our attention has not be brought to such a Braintree conveyancing matter but according to a recent report, a couple purchasing a property elsewhere in England successfully won a claim against their conveyancer due to development plans to erect a wind farm not being picked up in conveyancing searches.
If you are purchasing in Braintree It is important that your conveyancing practitioner carry out all Braintree conveyancing searches necessary making sure that you have accurate and up to date information ahead of purchasing a home in Braintree.