Finally the sale completed on my house in Arley last May but our buyer keeps telephoning every few hours complaining that their lawyer is waiting to hear from myconveyancer. What are the post completion sale formalities now that I have sold?
Post completion of your sale your conveyancer is committed to send the transfer deeds and all of the paperwork to the purchaser's conveyancer. Where relevant, your lawyer should also evidence that the legal charge in favour of the lender has been redeemed to the buyers solicitors. There is unlikely to be post completion procedures peculiar conveyancing in Arley.
The Arley conveyancing lawyers that I appointed last week on my purchase in Arley have without warning shut down. I only went with them because I needed a lawyer on the Bank of Ireland conveyancing panel and my previous Arley lawyer was not. I gave my credit card details for them to take one hundred and fifty pounds for searches. What are my options?
If you have an estate agent involved then let them know straight away so that they can let the sellers know 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 Bank of Ireland 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 lawyers may be able to assist.
My partner and I are close to exchanging contracts on the sale of our property in Arley and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any high street Arley lawyer would know that there is no such problem. It does beg the question why the buyers are using a national conveyancing practice rather than a conveyancing solicitor in Arley. We have lived in Arley for six years we know of no issue. Do we contact our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing firm already. Are they able to advise? You must check with 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 life insurance to cover that same illness)
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Arley is where the house is located. What do you suggest?
Flying freeholds in Arley are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Arley you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Arley may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Estate agents have just been given the go-ahead to market my ground floor apartment in Arley. Conveyancing lawyers have not yet been instructed, but I have just received a half-yearly service charge invoice – Do I pay up?
The sensible thing to do is pay the invoice as usual because all ground rent and service invoices should be allotted on completion, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I am the registered owner of a studio flat in Arley, conveyancing was carried out 9 years ago. Can you please calculate a probable premium for a statutory lease extension? Corresponding properties in Arley with over 90 years remaining are worth £206,000. The average or mid-range amount of ground rent is £45 levied per year. The lease comes to an end on 21st October 2093
With 67 years remaining on your lease we estimate the premium for your lease extension to range between £10,500 and £12,000 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to provide the actual costs without more detailed due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. Please do not move forward placing reliance on this information without first getting professional advice.
I happen to be an executor of my recently deceased aunt’s Will, with a bungalow in Arley which will be marketed. The property is unregistered at HMLR and I'm advised that many EAs will insist that it is completed before they'll move forward. What's the procedure for this?
In the circumstances that you have set out it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.