What happens if my solicitor is expelled from the Skipton Conveyancing panel ahead of completing my conveyancing in Whimple?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
What is the difference between a licensed conveyancer and conveyancing solicitor in Whimple
There are two types of lawyers who can carry out conveyancing in Whimple namely licenced conveyancers or solicitors. The two can administer the legal services that required to complete the sale or purchase of property. They are both required to carry out Whimple conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be properly conducted and that the requisite steps should be appropriately taken.
Please help - my lawyer advises that lack of right of way insurance is needed on my purchase. What is the typical level of cover needed for conveyancing in Whimple?
The appropriate level of lack of right of way indemnity insurance should be dictated by who who your lender is. It would differ for example between Yorkshire Building Society and Norwich and Peterborough Building Society. Conveyancing lawyers as opposed to borrowers take out such policies.
I was told three weeks ago that my mortgage has been agreed to by Clydesdale. Is it usual for Clydesdale to only issue the offer once my solicitor in Whimple is approved on their conveyancing panel? Clydesdale have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Clydesdale to deal with your lawyer's application to be on the Clydesdale conveyancing panel. There's no guarantee that your solicitor will be accepted.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Whimple is the location of the property. What do you suggest?
Flying freeholds in Whimple are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Whimple you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Whimple 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 property.
I am employed by a busy estate agent office in Whimple where we see a few flat sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Whimple conveyancing solicitors. Please can you clarify whether the owner of a flat can start the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Leasehold Conveyancing in Whimple - A selection of Questions you should ask before Purchasing
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The prefered form of lease arrangement is a share of the freehold. In this scenario the leaseholders have control and even though a managing agent is often retained if it is larger than a house conversion, the managing agent is directed by the tenants. Does the lease include onerous restrictions? Is the freehold reversion owned jointly by the leaseholders?
My lawyers in Whimple have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the mortgage company. Is it case that being on the mortgage company conveyancing panel they need to have retained the file for a prescribed period?
Different lenders have different requirements but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the lender directly.