Our lawyer has identified a defect with the lease for the flat we are buying in Harrow Weald. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancing practitioner says that he must ensure that the bank is willing to move forward 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 lender are the client. Your solicitor 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 bank 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 conveyancer will have no choice but to discontinue acting for you.
I am assisting my sister sell her property in Harrow Weald. Does the conveyancer commission the energy performance certificate or it is for the owner to see to?
Following the demise of Home Packs, energy performance certificates was maintained a mandatory part of moving property. An energy assessment must be commissioned prior to the property being placed on the market. It is not something that law firms ordinarily organise. Where you are using a Harrow Weald conveyancing practitioner they may be able to arrange EPC’s given their relationships with long established local accredited person
Last month we had a mortgage agreed in principle with Nottingham. Harrow Weald conveyancing lawyers have been instructed. What is the average time that one could expect to receive a mortgage offer from Nottingham?
There is no definitive answer here. Have Nottingham conducted the valuation? Have you advised Nottingham as to your lawyers' details and checked that your lawyers are on the Nottingham conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have a mortgage with Clydesdale for my property in Harrow Weald. Conveyancing was finalised months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Clydesdale?
Clydesdale must be informed of your intention in advance of renting your property as this is likely to be a breach of Clydesdale’s mortgage conditions. It may be that Clydesdale will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Clydesdale directly. It should not be necessary to do this via a Clydesdale conveyancing panel firm.
Should commercial conveyancing searches reveal proposed roadworks that may impact a commercial site in Harrow Weald?
Its becoming the norm that commercial conveyancing solicitors in Harrow Weald will conduct a SiteSolutions Highways report as it reduces the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Harrow Weald. The report provides definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Harrow Weald.
For each commercial conveyancing transaction in Harrow Weald it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may result in delays to Harrow Weald commercial conveyancing deals as well as present a risk to future plans for the site. These searches are not ordered for domestic conveyancing in Harrow Weald.
I am buying my first flat in Harrow Weald benefiting from help to buy. The builders would not budge the amount so I negotiated £7000 of additionals instead. The property agent told me not disclose to my lawyer about this extras as it will put at risk my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the guidance of my in-laws I had a survey completed on a house in Harrow Weald ahead of retaining solicitors. I have been informed that there is a flying freehold aspect to the property. The surveyor has said that some lenders tend refuse to give a mortgage on this type of home.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. If you contact us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Harrow Weald. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Harrow Weald to see if the conveyancing will be more expensive.