Me and my partner are buying a 3 bedroom flat in Edgbaston with a mortgage. We have a Edgbaston conveyancer, but the mortgage company says she’s not on their "panel". We have to appoint one of the lender panel firms or keep our Edgbaston and pay for one of their panel lawyers to act for them. This seems very unfair; can we not insist that the lender use our Edgbaston ?
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. A further alternative is for your Edgbaston conveyancing solicitor to apply to be on the conveyancing panel.
I am purchasing a garden flat in Edgbaston. Can I do my own conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Edgbaston you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Edgbaston.
I have been told that property searches are the main cause of obstruction in Edgbaston house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not feature within the common causes of hindrances in the conveyancing process. Local searches are not likely to feature in any delay in conveyancing in Edgbaston.
I am buying a new build apartment in Edgbaston. Conveyancing is a frightening process 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 legal work.
Here is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Edgbaston
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Please confirm the Lease plans are surveyor prepared.
Please supply a car parking plan.
Forfeiture - bankruptcy or liquidation must not apply under this provision.
Over the last few months I have been searching for a ground for flat up to £195,000 and found one near me in Edgbaston I like with open areas and railway links nearby, the downside is that it only has 49 years on the lease. There is not much else in Edgbaston for this price, so just wondered if I would be making a mistake acquiring a short lease?
Should you require a mortgage the remaining unexpired lease term may be an issue. Discount the offer by the expected lease extension will cost if not already taken into account. If the existing proprietor has owned the property for a minimum of 2 years you could ask them to commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease with a zero ground rent applied. You should consult your conveyancing solicitor about this.