I went with a local lawyer for my conveyancing in Banwell last week. Going through the small print I seewe are liable for fees even if our purchase doesn't happen. Would I be best advised to choose an on-line lawyer promising no-sale-no-fee conveyancing in Banwell?
It is usually ‘give and take’ in that if "No Sale No Fee" is advertised then the fee levels will generally be uplifted to neutralise the conveyances that do not proceed. Please beware that these deals generally do not protect you from expenses such your Banwell conveyancing search expenses.
Various online forums that I have come across warn that are the primary cause of delay in Banwell house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not figure amongst the common causes of delays in the conveyancing process. Local searches are unlikely to feature in any slowing down conveyancing in Banwell.
I have been on the look out for a ground for flat up to £235,500 and identified one round the corner in Banwell I like with amenity areas and railway links in the vicinity, the downside is that it only has 61 remaining years left on the lease. There is not much else in Banwell for this price, so just wondered if I would be making a grave error purchasing a short lease?
Should you need a mortgage the shortness of the lease will likely be a potential deal breaker. Reduce the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for at least 2 years you can ask them to start the process of the extension and then assign it to you. You can add 90 years to the current lease and have £0 ground rent by law. You should speak to your conveyancing lawyer regarding this.
I am a negotiator for a reputable estate agency in Banwell where we have witnessed a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Banwell conveyancing firms. Could you clarify whether the owner of a flat can initiate the lease extension formalities for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is to agree the lease extension with the freeholder 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.
Banwell Leasehold Conveyancing - Examples of Queries Prior to buying
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How many years remain on the lease? How much is the ground rent and service charge? Who takes charge for maintaining and repairing the block?
Our conveyancing in Banwell is set to complete on Friday, but the owners I am purchasing from wishes to vacate the next day at at 2pm. Should I agree to such a idea?
You can't complete on a Saturday due to the bank systems aren't working.