I am nearing exchange of contracts for my home in Looe and the EA has just called to warn that the buyers are switching law firm. The reason given is that the mortgage company will only work with property lawyers on their approved list. Why would a big named lender only deal with specific law firms rather the firm that they want to appoint to handle their conveyancing in Looe ?
Banks have always had panels of law firms that can act for them, but in recent years big names such as Nationwide, have considered and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for over 25 years.
Lending institutions justify this action to a rise in fraud as the reason for the pruning – criteria have been tightened as a smaller panel is easier to keep an eye on. Banks tend not to disclose how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels. Some are unaware that they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyers' case. The purchasers are not going to have any impact on this.
As a novice what is the most important advice you can impart about purchase conveyancing in Looe?
Not many law firms shout this from the rooftops but conveyancing in Looe and elsewhere in England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and other parties involved in the legal transfer of property. E.g., the seller, property agent and even potentially your bank. Appointing a lawyer for your conveyancing in Looe should not be taken lightly as your conveyancer is your adviser, and is the SOLE person in the legal process whose interest is to protect your legal interests and to protect you.
There is a definite increase in the "blame" culture- someone has to be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your conveyancer ahead of the other players in the home moving process.
A colleague pointed out to me me that in buying a property in Looe there may be various restrictions preventing external changes to the property. Is this right?
We are aware of anumerous of properties in Looe which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Looe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Please help - my lawyer advises that lack of planning permission insurance is needed on my purchase. What is the level of cover for Looe conveyancing?
The right level of lack of planning permission indemnity insurance depends on who your lender is. It would differ for example between Lloyds TSB Bank and The Royal Bank of Scotland. Conveyancing practitioners as opposed to members of the public take out such insurances.
I am currently in the process of buying my council flat in Looe. I have a mortgage agreed with Skipton. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Skipton, you will need to appoint a solicitor on the Skipton conveyancing panel.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Looe. Conveyancing is daunting 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 is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Looe
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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. 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. Forfeiture - bankruptcy or liquidation must not apply under this provision.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Looe is the location of the property. Is there any advice you can impart?
Flying freeholds in Looe are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Looe you would need to get your solicitor to go through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Looe may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.