My fiance and I changing mortgage lender for our apartment in Broadstone with Santander. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. 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 a couple of questions (1) Is this form unique to the Santander conveyancing panel as he did not need to sign this form when we remortgaged 5 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 Santander. This is solely used to protect Santander 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 Santander 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.
At what point does exchange of contracts occur in sale conveyancing in Broadstone and am I required to attend the conveyancers branch?
If you are in close proximity to one of the conveyancing solicitors in Broadstone you are welcome to attend to sign the paperwork. That being said, the lender approved solicitors we work with supply countrywide coverage for conveyancing and provide as equally comprehensive and professional a job for you when communicating with you by post or email. The executing of the sale agreement is not when everything is set in stone. A signed contract is necessary for the solicitor to officially exchange at the suitable time, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Broadstone)to be in the office at the appropriate time.
I require fast conveyancing in Broadstone as I am faced with pressure to exchange contracts within 4 weeks. Luckily I do not need a mortgage. Can I avoid the conveyancing searches to save money and time?
As you are are a mortgage free buyer you have the choice not to have searches carried out although no solicitor would advise that you don't. With plenty of history conveyancing in Broadstone the following are examples of what can be revealed and adversely affect future saleability: Refused Planning Applications, Overdue Fees, Outstanding Grants, Railway Schemes,...
The estate agent has sent us the confirmation of our purchase of a new build flat in Broadstone. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Broadstone
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. There must be mutual enforceability of lessee’s covenants. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please confirm the Lease plans are architect prepared.
Developers have suggested I use a solicitor and I've received a quote from them. It's almost £300 less expensive than my preferred Broadstone conveyancer. Should I use them?
Builders frequently have lists of conveyancing practitioners who expedite matters and who know the seller’s contract and lawyer. Plenty of developers offer an incentive to use a preferred conveyancing practitioner for this reason, any increased charges can be avoided and a builder won't put forward a conveyancing factory and run the risk of having the conveyancing delayed when they need an exchange in 28 days. The argument for not opting for the recommended property lawyer is that they may prove unwilling to fight for your interests for fear of upsetting the developer. If you worry that this may be the case you should stick with your high street Broadstone solicitor.