Our solicitor has uncovered a a problem with the lease for the apartment we are purchasing in Branston. The seller’s lawyers have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our property lawyer says that he must ensure that the mortgage company is happy with this solution. Who is the client here, us or the lender?
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 specifications. 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 lawyer will have no choice but to discontinue acting for you.
When does exchange of contracts occur in domestic conveyancing in Branston and am I required to be at the solicitors branch?
If you are local to our conveyancing solicitors in Branston you are invited in to sign documents. That being said, the firms we work with supply countrywide coverage for conveyancing and provide as equally diligent and professional a job for you when communicating with you by post or email. The executing of the sale agreement is not the critical part. Signing on the dotted line simply enables the firm to address the formalities at the appropriate time, which will usually be very shortly after signing. The procedure is is usually a five minute process, although where a long "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Branston)to be in the office available at the end of the phone to exchange contracts.
I am selling our property in Branston and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any local lawyer would know this is not the case. It does beg the question why the buyers used a nationwide conveyancing outfit as opposed to a conveyancing solicitor in Branston. Having lived in Branston for many years we know of no issue. Is it a good idea to contact our local Authority to seek confirmation that the buyers are looking for.
It would appear that you have a conveyancing solicitor already. Are they able to advise? 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 health insurance to cover that same sickness)
I am using a search engine for the term cheap conveyancing in Branston it shows results of many solicitorslocally. With so much choice what is the best way to find the right conveyancing solicitor for the sale of my house?
The preferential method of seeking a suitable conveyancer is via trusted recommendation, so seek the counsel of colleagues and those you trust who have acquired a property in Branston or the respected estate agent or mortgage broker. Charges for conveyancing in Branston vary, so it's a good idea to request at least three fee estimates from different law firms. Be sure to seek confirmation what costs in the quote includes.
Is planning permission needed to convert a single dwelling into two appartments in Branston? This has been carried out to a property next door to my home in Branston and was ignorant of the conversion until it was done.
Planning Consent yes. Building Regulations yes.