I am buying a newly built duplex in Canvey Island and my lawyer is informing me that she has to the mortgage company to reveal incentives from the seller. The Estate Agents are hassling me to sign contracts and I don't want to prolong matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I am downsizing from our property in Canvey Island and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. A high street Canvey Island lawyer would know this is not the case. It does beg the question why the purchasers are using a web based conveyancing outfit as opposed to a conveyancing solicitor in Canvey Island. We have lived in Canvey Island for three years we know of no issue. Is it a good idea to contact our local Authority to seek confirmation need.
It sounds as though you may have a conveyancing firm already. Are they able to advise? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Just had an offer accepted on a new build flat in Canvey Island. Conveyancing is daunting 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 conveyancing.
Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Canvey Island
-
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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. Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. Please confirm the Lease plans are architect prepared.
I have been on the look out for a ground for flat up to £235,500 and found one close by in Canvey Island I like with open areas and railway links in the vicinity, the downside is that it's only got 51 years on the lease. There is not much else in Canvey Island for this price, so just wondered if I would be making a grave error buying a short lease?
Should you need a home loan the shortness of the lease will be an issue. Reduce the price by the expected lease extension will cost if not already taken into account. If the existing owner has owned the premises for a minimum of 2 years you could ask them to start the process of the extension and then assign it to you. You can add 90 years to the existing lease term with a zero ground rent applied. You should consult your conveyancing lawyer about this.
My father has recommend that I appoint his lawyers for conveyancing in Canvey Island. Do I take his advice?
Much as we are happy to recommend a Canvey Island conveyancing lawyer the ideal way to choose a conveyancing practitioner is to get feedback from friends or relatives who have actually used the conveyancer that you are considering.