I am buying a ground floor flat in Spital. My property lawyer is not on the bank solicitor list. Is it possible for me to retain my Spital conveyancing solicitor even though they are excluded from the mortgage company approved list?
You have a couple of options available to you here
- Proceed with your chosen Spital but your lender will no doubt retain a on their approved list. The net result is additional charges together with potential frustration.
- Get a new to act in the purchase, making sure they are on the bank conveyancing panel.
- Convince your to attempt to join the lender panel
My wife and I are acquiring a newly constructed duplex in Spital and my solicitor is informing me that she is duty bound to the lender to disclose incentives from the seller. I am nearing the developer’s deadline to sign contracts and my preference is not to prolong the conveyancing. Is my lawyer right?
You should not exchange unless you have been advised to do so by your . A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook conditions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I am assisting my mother sell her property in Spital. Will the solicitor arrange an energy assessment or it is for me to see to?
Following the abolition of Home Packs, energy assessments became a mandatory element of moving property. An energy performance certificate should be commissioned in advance of the property being advertised. This is not a task that conveyancers ordinarily arrange. If you are instructing a Spital conveyancing solicitor they may be willing to arrange energy performance certificates given their contacts with long established Spital accredited person
I am currently in the process of buying my council flat in Spital. I have a mortgage offer with . Conveyancing is not something I have any knowledge of. 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 , you will need to appoint a solicitor on the conveyancing panel.
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Spital building society branch on various occasions and was reassured it wasn't a problem and they would lend. My Spital conveyancing solicitor - who is on the bank conveyancing panel- called and was told they refuse to lend based on their specific requirements. I simply don't know who is right.
Your must comply with the CML Handbook section two conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I have been told that property searches are the main cause of obstruction in Spital house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not figure amongst the common causes of hindrances in the conveyancing process. Searches are unlikely to feature in any slowing down conveyancing in Spital.
Over the last few months I have been searching for a ground for flat up to £305k and found one near me in Spital I like with a park and transport links nearby, the downside is that it only has 51 years on the lease. I can't really find anything else in Spital in this price bracket, so just wondered if I would be making a mistake buying a short lease?
If you require a home loan that many years will be problematic. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the current proprietor has owned the premises for at least twenty four months you may request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this.