Am I correct in assuming that the fact that my solicitor in Surrey is not listed on my bank's solicitor panel that there is a problem with the standard of her work?
It would not be wise to jump to that conclusion. There are plenty of reasonable explanations. Just recently a report by the solicitors regulator revealed 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Should you be concerned you should contact the Surrey conveyancing firm and ask them why they are no longer on the approved list for your mortgage company.
I am in a contract race with another prospective purchaser for a property in Surrey. What can be done to quicken up the legal process?
Where you are under a tight deadline for your conveyancing we would recommend that your solicitor is familiar with the area as they will make use of local relationships and insight. It is possible that they could have handled previoushouses in the same neighbourhood. You would be best advised to use a Surrey conveyancing firm. Second, make sure that the conveyancing firm is on the on the approved list for your mortgage company. It is believed that 18% of Surrey conveyancing deals are suspended or jeopardised after finding out that a buyer’s solicitor was not on their mortgage lender’s member panel. This can often result in the conveyancing being held up by an average of three weeks. It is understood that this issue impacts approximately 100,000 home moves every year. Most Surrey conveyancing firms can not act for certain lenders so do check at the outset.
I am downsizing from our property in Surrey and the buyers lawyers are claiming that there is a risk of it being constructed land that was not decontaminated. A high street Surrey conveyancer would know this is not the case. For the life of me I don't know why the purchasers instructed a nationwide conveyancing practice rather than a conveyancing solicitor in Surrey. We have lived in Surrey for three years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to get clarification that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. Are they able to advise? You need to check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
Just had an offer accepted on a new build apartment in Surrey. Conveyancing is necessary evil 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 legal work.
Here are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Surrey
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Please supply a car parking plan. 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. There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Do you have any advice for leasehold conveyancing in Surrey from the perspective of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Surrey can be bypassed where you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold information needed by the purchasers’ solicitors. Many freeholders or Management Companies in Surrey levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most common cause of frustration in leasehold conveyancing in Surrey. If you are supposed to have a share in the freehold, you should ensure that you hold the original share document. Obtaining a replacement share certificate is often a time consuming formality and slows down many a Surrey home move. Where a new share certificate is necessary, you should approach the company officers or managing agents (if applicable) for this as soon as possible. If you have carried out any alterations to the residence would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Most leases in Surrey state that internal structural alterations or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such changes. Where you fail to have the paperwork to hand you should not communicate with the landlord without checking with your conveyancer in the first instance.
Surrey Conveyancing for Leasehold Flats - A selection of Questions you should consider Prior to buying
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The best form of lease arrangement is a share of the freehold. In this situation the tenants benefit from control and although a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent employed by the leaseholders. Most Surrey leasehold flats will be liable to pay a service charge for maintenance of the block set by the management company. Should you acquire the flat you will have to meet this charge, usually periodically throughout the year. This may vary from two or three hundred pounds to thousands of pounds for blocks with lifts and large common grounds. There will also be a ground rent to be met yearly, this is usually not a significant figure, say about £50-£100 but you need to check as occasionally it can be many hundreds of pounds. Does the lease have onerous restrictions?