The Queensbury conveyancing lawyers that I appointed last week on my house acquisition in Queensbury have suddenly shut down. They were on acting for me because I had to have a lawyer on the Skipton conveyancing panel and my preferred Queensbury lawyer was not. I paid them 275 plus VAT on account. What do I do now?
If you have an estate agent involved then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Skipton conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to assist.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Queensbury?
Two types of professional can conduct conveyancing in Queensbury namely CLC regulated conveyancers or solicitors. Both professionals provide the legal services that you need to complete the disposal or acquisition of property. They are both required to execute Queensbury conveyancing to the same standards and guidelines so you may be safe in the knowledge that your conveyancing will be properly conducted and that all requirements and steps will be suitably followed.
I happen to be the sole recipient of my late grandmother’s will and I have everything in my name alone, including the my former home in Queensbury. The Queensbury property was put into my name in November. I want to move. I understand that there is a CML 6 month 'rule', which means that my property ownership will be treated the same way as if I'd bought the house in November. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. How practical a view banks take of it, depend on the mortgage company as this requirement is primarily there to identify the purchase and immediately sell or the quick reselling of property.
I am buying a property in Queensbury. One unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Bank of Ireland be concerned?
As you are obtaining a mortgage with Bank of Ireland your lawyer must comply with the conveyancing requirements contained in Section 2 of UK Finance Lenders’ Handbook for Bank of Ireland. The CML Handbook sets out minimum conditions for solar panel roof-space leases, and solicitors are required to report to Bank of Ireland where a lease fails to meet these specifications. The specifications relate to the installation of panels on properties countrywide and is not limited to Queensbury.
Should my lawyer be asking questions regarding flooding during the conveyancing in Queensbury.
The risk of flooding is if increasing concern for solicitors dealing with homes in Queensbury. Some people will buy a house in Queensbury, fully aware that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, but there are a number of checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Queensbury. The conventional set of property information forms sent to a purchaser’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the owner to determine whether the premises has suffered from flooding. In the event that flooding has previously occurred and is not notified by the vendor, then a purchaser could commence a claim for damages as a result of such an incorrect reply. A buyer’s lawyers may also conduct an enviro report. This will higlight if there is any known flood risk. If so, additional inquiries should be made.
How does conveyancing in Queensbury differ for new build properties?
Most buyers of new build property in Queensbury contact us having been asked by the developer to sign contracts and commit to the purchase even before the residence is finished. This is because house builders in Queensbury tend to purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Queensbury or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what should have been a simple, chain free conveyancing. Queensbury is where the house is located. What do you suggest?
Flying freeholds in Queensbury are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Queensbury you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Queensbury may decide 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 residence.