Can you help? My Merton conveyancer is advising me that he has toapply for Merton conveyancing searches asthe firm are on the HSBCapproved lawyer panel. Is this really necessary?
You have limited options available to you. Given that you are taking out a loan with a bank your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your solicitor would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to comply with the CML Handbook requirements . Even if you were a cash buyer you would be ill advised not to carry out Merton conveyancing searches.
My husband and I are buying a newly converted apartment in Merton with a mortgage from Barnsley Building Society.We like our Merton conveyancing solicitor but Barnsley Building Society says she’s not listed on their approved list of member firms. It seems we are left with little choice but to instruct a Barnsley Building Society panel solicitor or keep our preferred solicitor and fork out for a Barnsley Building Society panel lawyer to represent them. This seems very unfair; Can we not simply insist that Barnsley Building Society use our lawyer?
Unfortunately,no. The mortgage offered to you contains various provisions, one of which will be that lawyers must be on the Barnsley Building Society approved list. Until recently, most lenders had large numbers of solicitors on their panels: a borrower could find 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 Barnsley Building Society
We are buying a apartment in Merton. I might seem paranoid but how we can trust a conveyancer? At some point we have to put our life savings into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
My uncle pointed out to me me that in buying a property in Merton there may be various restrictions as to what one can do in terms of external changes to a property. Is this right?
There are anumerous of properties in Merton which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Merton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Having digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Merton solicitor - who is on the Principality conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
Principality will need an independent valuation of the property. Your lawyer will not arrange this. Usually Principality 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. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Merton postcode. As you are getting a mortgage with Principality, you could contact them to see if they have a list of approved surveyors in Merton.
I opted to have a survey completed on a house in Merton ahead of retaining solicitors. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some banks may not give a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. If you contact us we can investigate further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Merton. Conveyancing will be smoother if you use a solicitor in Merton especially if they regularly deal with such properties in Merton.
What are your top tips when it comes to finding a Merton conveyancing practice to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Merton conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you make enquires with two or three firms including non Merton conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions could be useful:
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Can they put you in touch with clients in Merton who can give a testimonial?
I invested in buying a basement flat in Merton, conveyancing was carried out April 2002. How much will my lease extension cost? Corresponding flats in Merton with an extended lease are worth £181,000. The average or mid-range amount of ground rent is £55 levied per year. The lease comes to an end on 21st October 2077
You have 51 years left to run we estimate the premium for your lease extension to span between £30,400 and £35,200 plus costs.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we are not able to advice on the actual costs without more detailed due diligence. Do not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first seeking the advice of a professional.