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Recently asked questions about conveyancing in Eastbourne

Our grandson is buying a new build apartment in Eastbourne with a mortgage from Kent Reliance. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. What is this document - I have never come across this before?

The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Kent Reliance conveyancing panel as a standard part of the process, and to the surveyor when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Kent Reliance conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

As I am unsure how the conveyancing bit works what is the most important number one tip you can impart regarding purchase conveyancing in Eastbourne?

You may not hear this from too many lawyers but conveyancing in Eastbourne and elsewhere in East Sussex is an adversarial process. In other words, when it comes to conveyancing there is plenty of opportunity for friction between you and others involved in the transaction. For example, the seller, property agent and even potentially the bank. Appointing a lawyer for your conveyancing in Eastbourne should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose role it is to protect your legal interests and to protect you.

Sometimes a third party with a vested interest will attempt to persuade you that you should follow their advice. For instance, the selling agent may claim to be helping by claiming that your lawyer is dragging his heels. Or your mortgage broker may tell you to do take action that is against your conveyancers guidance. You should always trust your lawyer above all other parties in the conveyancing process.

Various internet forums that I have visited warn that are the number one cause of stalling in Eastbourne conveyancing transactions. Is that correct?

The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not feature within the most frequent causes of delays in the conveyancing process. Local searches are unlikely to be the root cause of delay in conveyancing in Eastbourne.

Me and my brother own a 4 bedroom Edwardian house in Eastbourne. Conveyancing lawyer represented me and Leeds Building Society. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold under the exact same property. I thought I was buying a freehold how can I check?

You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Eastbourne and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing solicitor who conducted the work.

About to purchase a new build apartment in Eastbourne. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.

Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Eastbourne

    Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please supply a car parking plan. There must be mutual enforceability of lessee’s covenants. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Forfeiture - bankruptcy or liquidation must not apply under this provision.

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