Our lawyer has discovered a defect with the lease for the flat we are buying in Ellesmere. The other side have put forward title insurance as a workaround. We are content with insurance and will pay for it. Our solicitor has advised that he must be satisfied that the bank is happy with this solution. Are we the client or is the lender?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
The Ellesmere conveyancing lawyers that I appointed last week on my house acquisition in Ellesmere have suddenly closed. I chose them because I had to have a lawyer on the Santander conveyancing panel and my family Ellesmere lawyer was not. I paid them 275 plus VAT on account. What are my options?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Santander conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to assist.
Are there restrictive covenants that are commonly identified as part of conveyancing in Ellesmere?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Ellesmere. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
My father has encouraged me to use his conveyancing solicitors in Ellesmere. Should I use them?
No doubt the ideal way to select a conveyancing practitioner is to get guidance from friends or family who have previously instructed the firm you're are thinking of instructing.
We are contemplating appointing an online conveyancing practitioner as opposed to a Ellesmere conveyancing practice. Any advice?
Various benefits exist in being able to attend a local Ellesmere conveyancing solicitor such as
- signing papers on short notice
- often being able to speak to someone face-to-face can make a significant difference, particularly for non-standard transactions
- the ability to complain if matters go pear-shaped
When checking quotes, look carefully for hidden extras. Most decent Ellesmere high street solicitors give an all-inclusive figure. Often online agents seem to offer low cost prices, yet have burried 'extras' in the fine print.