My wife and I are refinancing our maisonette in Southwick with . We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have a couple of questions (1) Is this form unique to the conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to . This is solely used to protect if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
We intend to purchase a newly converted flat in Southwick with a loan from .We would like to retain our Southwick conveyancing solicitor but advised that she’s not listed on their approved list of member firms. we are left little option but to use a panel solicitor or keep our preferred solicitor and pay for one of their panel ones to represent them. This seems very unfair; Can we not simply insist that use our lawyer?
Unfortunately,no. The mortgage offered to you is subject to its various provisions, one of which will be that conveyancers will be on the approved list. in the past, most mortgage companies had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for
How can we tell if a Southwick conveyancing solicitor on the panel is any good?
When it comes to conveyancing in Southwick getting recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always suggest that you speak with the lawyer carrying out your conveyancing.
I am expecting a DIP from this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do recommend any Southwick solicitors on the conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Southwick solicitors independently although you'll need to choose one on the conveyancing panel. The solicitor represents both you and through the process.
Having digested plenty of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Southwick solicitor - who is on the conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
will need an independent valuation of the property. Your lawyer will not arrange this. Usually will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Southwick surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
A colleague suggested that where I am purchasing in Southwick I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is occasionally quoted for as part of the standard Southwick conveyancing searches. It is a large document of more than thirty pages, listing and setting out important information about Southwick around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Southwick Education with plans and statistics, Local Amenities and other useful data concerning Southwick.
Am I best advised to instruct a Southwick conveyancing lawyer who is local to the property I am hoping to buy? An old friend can execute the conveyancing however her office is approximately 350kilometers drive away.
The primary upside of using a local Southwick conveyancing firm is that you can drop in to execute paperwork, deliver your ID and apply pressure on them where appropriate. They will also have local knowledge which is a benefit. That being said nothing is more important than finding someone that will pull out all the stops for you. If you know people who used your friend and the majority were impressed that should trump using an unknown Southwick conveyancing solicitor solely due to them being Southwick based.