At what point can the exchange of contracts take place for purchase conveyancing in Westbourne and do I need to be at the lawyers office?
Where you are near to our conveyancing solicitors in Westbourne you are invited in to sign documents. However, the firms we recommend offer countrywide coverage for conveyancing and give just as detailed and professional a job for you when communicating with you by post or email. The signing of the contract is not the critical part. Signing on the dotted line is just a prerequisite for the solicitor to exchange contracts at the suitable time, which is ordinarily shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Westbourne)to be in the office available at the end of the phone to exchange contracts.
Just had an offer accepted on a new build flat in Westbourne. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Westbourne
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The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. 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. 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.
I have been recommended by a number of estate agents in Westbourne to locate a property lawyer on your site. What’s the financial upside for Estate Agents to promote your services ahead of another?
We don’t make any commission for pointing buyers and sellers in our direction. We found it would be just too difficult a fee because a client could think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
Can you provide any advice for leasehold conveyancing in Westbourne with the intention of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Westbourne can be avoided where you instruct lawyers as soon as your agents start marketing the property and request that they start to collate the leasehold documentation needed by the buyers’ solicitors. In the event that you altered the property did you need the Landlord’s permission? Have you, for example installed wooden flooring? Westbourne leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord acquiescing to such alterations. Where you dont have the approvals to hand you should not communicate with the landlord without checking with your conveyancer before hand. Some Westbourne leases require Licence to Assign from the landlord. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their lawyers. Many freeholders or Management Companies in Westbourne levy fees for supplying management packs for a leasehold home. You or your lawyers should find out the actual amount of the charges. The management information can be applied for on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Westbourne. If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Organising a replacement share certificate can be a lengthy formality and frustrates many a Westbourne home move. Where a duplicate share certificate is required, do contact the company officers or managing agents (where relevant) for this sooner rather than later.
Westbourne Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
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Its a good idea to find out as much as you can about the managing agents as they will either make living at the property much easier or uncomfortable. Being a leasehold owner you are often at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the tidiness of the common parts. Ask other tenants what they think of their service. On a final note, investigate as to the dates that the service fees are due to the relevant party and precisely what it includes. Many Westbourne leasehold apartments will have a service bill for the upkeep of the building set by the landlord. Should you buy the apartment you will have to pay this amount, normally quarterly throughout the year. This may be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large common grounds. There will also be a rentcharge for you to pay yearly, this is usually not a significant amount, say around £50-£100 but you need to check it because sometimes it can be many hundreds of pounds. What prohibitions are contained in the Westbourne Lease?
My husband and I are planning to purchase a three room ground floor flatin Westbourne with a home loan from a bank. We wish to instruct our solicitor in Westbourne but our mortgage company says he's not listed on their "panel". We have to appoint from the our bank panel firms or keep our Westbourne solicitor and pay for one of their panel ones to represent them. We feel as though this is unjust; Can we not simply insist that our mortgage company use our Westbourne lawyer?
No, not really. The bank home loan offered to you is subject to conditions, one of which will be that lawyers will on the mortgage company's conveyancing panel. in the past, most lenders had large numbers of law firms on their panels, including most conveyancing solicitors in Westbourne : a mortgagee 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 solicitors to apply to be on the conveyancing panel for your bank.