My solicitor has discovered a a problem with the lease for the flat we are purchasing in Stapleton. The other side have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer says that he must check that the bank is willing to move forward with this solution. Who is the client here, us or the bank?
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 conveyancer must comply with the UK Finance Lenders’ Handbook requirements. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 solicitor will have no choice but to discontinue acting for you.
A colleague pointed out to me me that in purchasing a property in Stapleton there may be a number of restrictions affecting the ability to carry out external alterations to the property. Is this right?
There are anumerous of properties in Stapleton which have some sort of restriction or requirement of consent to carry out external alterations. Part of the conveyancing in Stapleton should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
Is it the case that all Stapleton solicitors on the RBS conveyancing panel are regulated by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the RBS conveyancing panel they would need to be governed by the SRA. The majority of banks do permit licenced conveyancers on their panel in which case such firms would be regulated by the CLC.
Completion of my remortgage has taken place for my property in Stapleton. Conveyancing was satisfactory but I would like to complain about the lender. How do I make a complaint?
All banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. Ordinarily complaints to a lender are sorted out effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service with full details of your complaint.
A friend suggested that if I am buying in Stapleton I should ask my conveyancer to carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is occasionally quoted for as part of the standard Stapleton conveyancing searches. It is a large report of about 40 pages, listing and setting out important information about Stapleton around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful data regarding Stapleton.
How does conveyancing in Stapleton differ for newly converted properties?
Most buyers of new build residence in Stapleton come to us having been asked by the developer to sign contracts and commit to the purchase even before the property is completed. This is because house builders in Stapleton typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Stapleton or who has acted in the same development.
Online research suggests that Stapleton solicitors are more costly than licensed conveyancers in Stapleton when it comes to purchasing a property. Am I better off using a conveyancer or a solicitor if I am purchasing for my home move in Stapleton.
When it comes to conveyancing in Stapleton the costs are unlikely to vary dramatically depending on whether the legal expert is a licenced conveyancer or solicitor.