We are purchasing a 3 bedroom apartment in Salcombe with a mortgage. We wish to retain our Salcombe conveyancer, but the bank advise he's not on their "panel". It seems we have no option but to appoint one of the bank panel solicitors or continue with our Salcombe conveyancer and pay for one of their panel ones to act for them. We regard this is inequitable; is there anything we can do?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the bank’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower 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 Salcombe conveyancing lawyer to apply to be on the conveyancing panel.
Will our lawyer be asking questions about flooding as part of the conveyancing in Salcombe.
Flooding is a growing risk for conveyancers dealing with homes in Salcombe. There are those who buy a house in Salcombe, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or sell the premises. There are steps that can be taken during the course of a house purchase to forewarn the buyer.
Solicitors are not qualified to impart advice on flood risk, however there are a various checks that can be undertaken by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Salcombe. The conventional set of information sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the vendor to discover whether the premises has suffered from flooding. If flooding has previously occurred and is not disclosed by the owner, then a buyer may bring a claim for damages resulting from an incorrect answer. A buyer’s lawyers may also conduct an environmental report. This will disclose whether there is a recorded flood risk. If so, further inquiries should be carried out.
About to purchase a new build flat in Salcombe. 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 conveyancing.
Here is a sample of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Salcombe
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There must be mutual enforceability of lessee’s covenants. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
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I’m about to sell my garden apartment in Salcombe. Conveyancing has not commenced, however I have just received a quarterly maintenance charge demand – what should I do?
Your conveyancing lawyer is likely to suggest that you should discharge the maintenance contribution as usual as all rents and service charges should be allotted on completion, so you will be reimbursed by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Leasehold Conveyancing in Salcombe - Sample of Questions you should consider Prior to Purchasing
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Best to be warned if redecorating or some other major work is pending that will be shared by the tenants and may well dramatically impact the level of the service charges or require a specific payment. Does this lease have more than 82 years left? Generally speaking the cost for major works are not included within service charges, although some managing agents in Salcombe require leasehold owners to contribute towards a sinking fund and this is used to offset against major works.