The vendors of the house we are hoping to buy hired a conveyancing practitioner in Crook who has insisted on a exclusivity contract with a payment two thousand pounds. Are such contracts recommended for Crook conveyancing transactions?
There are a couple of main drawbacks with executing a lock out contract (sometimes referred to as a no-shop agreement) is that it takes away the focus from progressing with the conveyancing process, so unless it requires little or no negotiation then it may transpire to be unhelpful. It is not particularly popular by Crook conveyancing solicitors as a result. A further concern is the extent of the remedies available - a jilted purchaser is not likely to secure an injunctive ruling by a court to prevent the owner disposing of the property to an alternative purchaser, so the only remedy available under the agreement will be the recovery of wasted costs and, in limited circumstances, the extra payment of penalties.
I decided to have a survey done on a house in Crook ahead of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. My surveyor has said that some lenders tend not give a mortgage on this type of home.
It varies from the lender to lender. Santander has different instructions from Birmingham Midshires. If you call us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Crook. Conveyancing may be slightly more expensive based on your lender's requirements.
My step-father has recommend that I appoint his conveyancers in Crook. Should I use them?
Much as we are happy to recommend a Crook conveyancing lawyer the best way to select a conveyancing solicitor is to have guidance from friends or relatives who have experience in using the solicitor that you are are thinking of instructing.
I am employed by a busy estate agent office in Crook where we have witnessed a few flat sales put at risk due to short leases. I have received inconsistent advice from local Crook conveyancing firms. Can you confirm whether the vendor of a flat can start the lease extension formalities for the purchaser on completion of the sale?
As long as 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. The benefit of this is that the buyer need not have 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 prior to, or simultaneously with completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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.
Leasehold Conveyancing in Crook - A selection of Questions you should ask before buying
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It would be sensible to discover as much as you can regarding the company managing the block as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you are often in the clutches of the managing agents from a financial perspective and when it comes to day to day issues such as the tidiness of the common parts. Enquire of other people what they think of their management. On a final note, be sure you understand the dates that the maintenance fees are due to the appropriate party and precisely what you get for your money. What is the service charge and ground rent on the property?
Much to my surprise my solicitor in Crook has informed me that he requires identification documents stating that this is part of his retainer as a solicitor on the lender Conveyancing panel. Is this right?
Anti-terror and anti-money-laundering rules require Crook conveyancing solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that the lender also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with the lender's UK Finance Lenders’ Handbook requirements