Property solicitor

[MummytoGeorgie]

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

@MummytoGeorgie, thanks so much. You have been incredible!!! I wish I instructed you and not my solicitor

@areyouhavingagiraffe ah bless you! Thank you my lovely have a great weekend xxx

Loving reading all these! You are a star @MummytoGeorgie

I’m back. Again. Property report from solicitor arrived today. And from what we can tell, the extension doesn’t have a building reg completion certificate. What happens now? Solicitor mentioned indemnity insurance but also says it would be worthless less than a sentence later 🤣🤣

@Newhousehope hey! Ah you're welcome hope you are ok!! when was the extension carried out? X

[quote MummytoGeorgie]@Newhousehope hey! Ah you're welcome hope you are ok!! when was the extension carried out? X[/quote]
Seeking shade 🤣 but thankful for the ☀️

Extension was built in 1995.
Vendor moved in 2015

[quote MummytoGeorgie]@Gettingonabitnow hey, it depends on the lender really and how quick their turnaround time is... due to covid etc they're all being slower than usual anyhow!

Id expect it to be not too dissimilar to a normal mortgage as all the lender would need is the valuation and to provide redemption statement.

Xx
[/quote]
@MummytoGeorgie I’m sorry to bother you again. But I’ve been reading just how controversial these schemes are. Have you come across many? Do you think it might cause a real obstacle as it seems the heirs to the estate (it’s probate) will now get significantly less from the sale? I’m so stressed 🤦‍♀️ Xx

@Newhousehope

Hello. Yes you wouldn't need indemnity. The extension is well over 20 years old so this is fine :-) x

@Gettingonabitnow hello, I have had these but never experienced any issues. As you are the buyer it's the sellers solicitors that needs to keep on top of the lender to get all the figures but it shouldn't delay anything... whether or not the beneficiaries of the estate would get less is really neither here nor there as they will still need to sell the property regardless.

Have a lovely day both xx

Thank you 🙏🏼 @MummytoGeorgie
Hopefully one to tick off!

Hi @MummytoGeorgie I have a query about vacant possession, it would be great to have your expert input!

I'm purchasing a flat that has a tenant that is about to move out. It looks like we're well on our way to being able to complete by the end of June to take advantage of the SDLT holiday.

I need vacant possession because my lender stipulates this (as is normal I imagine). I am in no actual rush to complete and both parties are chain free so there are no issues there.

Problem is that the tenancy agreement ends 8 July. This means I won't have vacant possession by 30 June (even though in actual fact the tenant is able to physically move herself to her new property, the tenancy on which starts 30 June - it's just that timings are tight to move all her belongings out/arrange movers etc).

Can I encourage the tenant to agree to officially end her tenancy by 30 June and give her comfort on extending her time to move her belongings another way eg asking her to sign a licence to occupy? I can encourage her to do this by giving her the rent back/letting her have longer to move things out. But legally where does this stack up?

Keen to save on SDLT if possible as it's only a week and we've been racing towards end of June...frustrating if I have to pay the extra!

Grateful for your legal and practical advice.

Thanks.

@ilovewinterpansies

Hey,

Thank you for your message.

I doubt any good solicitor would exchange until such time as the tenant has fully vacated.

You take the property in the condition it is in as at the date of exchange not when you viewed the property so I would always advise my clients to have a final inspection once the tenants have vacated prior to exchange of contracts.

The contract will provide for vacant possession as well as this being your lenders requirement.

IF you were to exchange (when contracts become legally binding) and the tenant then changed her mind etc and decided not to move out then this would be a huge problem so normally a solicitor will not proceed to exchange unless they are out of the property.

The tenant can end the tenancy early I.e 30th June. You may not be able to do a licence to occupy depending on your lenders requirements... if you want to complete by 30th June you need to exchange by Wednesday next week as most lenders require 1 weeks notice to draw down mortgage funds and your solicitor will put that request in once exchanged.

You shouldn't be offering any money to the tenant.

If I was in your situation I would speak with the agent who can speak to the seller directly. You need to protect yourself I wouldn't advise exchanging whilst she is still in situ at all. Explain to the agent the situation and ensure the tenant is out before exchanging.

If they have advised that they will vacate but on completion... then you run the risk of not being able to have a final inspection once vacated and also them not leaving which then the seller will be in breach of contract and it gets very messy!

Xx

@MummytoGeorgie thank you so much! It does sound messy.

However I have just realised one crucial bit of information that I omitted - I have a buy to let mortgage. So sorry, feel silly for not clarifying this (facepalm).

So perhaps I can exchange and complete without vacant possession? And take on the tenancy agreement until 8 July? I understand some landlords buy with tenants in situ so perhaps this is a possibility to allow me to save on SDLT?

@ilovewinterpansies haha sorry I thought it was residential purchase to live in!

If BTL then you can purchase with the tenant in situ but you need to make your solicitor aware ASAP as a new contract will have to be agreed and your solicitor will need copy of the tenancy agreement confirmation of deposit protection scheme and raise a good 10-15 more enquiries on the tenancy aspect!

Xx

OP it's me again! Well yet another week gone by of me waiting to exchagne and agent chasing the buyer - a week ago he said he's waiting for the revised mortgage offer (it's BTL by the way) - the price revision was agreed a month ago as of last week, just to remind you.
You#ve advised that it should only take two weeks unless he's taken a brand new offer. So I thought last week, well it's about to happen.

Today (week gone since) I've asked the agent to demand a time frame and info re mortgage. They asked him whether he's gone with a new lender - he says not, but they didn't question whether it's a new mortgage with sae lender. He says he's still waiting - it's more than obvious, afetr your advice here, that after over a month it is NOT just revision but hewent for a lower interest or something once he 's heard that completion date was a bit later than originally though. It's now a month to that date! CAn't plan my life or do anything towards organising much as I still have no idea what game is he playing!

Either a new offer - do you have an idea OP how long would that take? Or he may be even applying for another purchase as more profitable and seeing if he gets that. Agetn really pushed him today so he says he'll talk to lenders tomorrow - I'm hearing fthis for THREE weeks now.
I'm now thinking maybe I should stop being a mug and go back on the market - he's got a sizeable discount 'for speed' first (BITTER LAUGH) and the last discount just because I was desperate to sell and agreed to anything so that weexchange ASAp - a month ago. Survey by ban dome 1.5mnth ago and I prodced all the docs - but he's now saying they may still wan tto do enquiries - it is so obvious it's not the same offer! Do you know if they can use their own previous survey if same lender starts new offer?
I'm just thinking if I were to get 10K more for the house it would be worth it for me to wairt another 3 months. I can't do it though if the price stayed same as what he's paying (about 13K under valuation / market price but there ar small issues). I haevnt tested the market since end March - everyone saying eeruthing sells, but it's a risk.

I'm thinking of getting a new agent involved along the existing one, I wouldn't normally do that but he's been an utter s**t and caused my t pile up debts over many months of delays (offer accepted in autumn!) - and just keeps lying and delaying. We did go back on the market briefly twice and couldn't immediately find anyone good - can't get involved in chains - erey time he said we should go offm he's buyingm does something then stalls again.
Should I try that - or is it too complicated wsith two agents. And most impotantly what is the quickest antyone could but for cash, and same q with mortghage in principle and no chain. I would pay for his searches but I don't think he'll sell out of spite.

Sorry for a long rant, OP!

(and for the typos! late again)

Thank you so much this is amazing, I just wanted to ask about our house sale which fell through for the 2nd time two weeks ago. We are now back on track with another sale so third time lucky, and our solicitor says we don't need to fill out any more paperwork or forms. Also we are at the top of the chain as we are buying a new build, I just want to ask of you still think it will take a long time with us just sat waiting for everybody else to catch up. I know in my heart of heart we will I guess, but it's just hard as we are sat waiting with nothing to do and we are so excited to hopefully move into our lovely new build which is due to be ready in around 3 weeks.

@MummytoGeorgie

Hi I haven’t read the whole thread so hope you haven’t already answered similar. We have had an offer accepted by a divorcing couple.
She has moved out with the children he is still living in the house. They agreed the price (although he wanted more) and have agreed to use one solicitor for the sale.
Is there anything I should ask about their divorce? Will it effect our purchase? Anything I should be aware of ?
I believe there is no onward purchases on their side, and he is keen to leave the house/area, we sold last year so no sale for us either.
Thank you

@MummytoGeorgie THANK YOU 😊 you are incredibly helpful and I'm so grateful xxx

@CatAndHisKit hey, sorry you're still having troubles with getting a decent update!!

Re a new offer it really does depend. Every lender is different and is obtaining a new offer then the bank would require to undertake a new offer valuation/survey. He said he didn't have a new mortgage but you never know.

I think if it was me, after all the waiting for weeks and not getting anything I would put an email to your agent (so everything is in writing) copying in your solicitor and ask that it be forwarded to the buyer and their solicitor and advise that if exchange has not taken place by next Friday then you're withdrawing the discount (as it was originally agreed On the basis that it was for a quick move) or remarketing.

It he is obtaining a new offer then he won't personally need to do a new survey, only the bank for lending purposes.

£13k under the asking price and these sort of delays when they originally said they were going for speed I think is a joke... definitely think you need to put an ultimatum forward. It's not so bad if you know exactly where you stand but being kept in the dark is both frustrating and worrying!

What issues were there that warranted you agreeing for £13k less than market value?

Remember what might be an issue for the current buyer may not be an issue for a new buyer!

Re getting a new agent involved check the contract you have with your current agent as to whether you're able to go multi agent.

You wrote:
"erey time he said we should go offm he's buyingm does something then stalls again". Can you clarify what you mean sorry!

It's not complicated with two agents you just need to check to see what the contract says first. If you had two or even three for example
You'd only deal with them until you got a buyer then the others wouldn't be in touch anymore anyway so it doesn't necessarily complicate things. You might pay a higher % with the agents if you do multi agent though.

Re quickness for cash or with mortgage in principle... cash buyers don't have to have searches carried out but most do. Turnaround time depends on the solicitor that is appointed and what their work load is like. I'd say 8 weeks cash and 12 with a mortgage On an average.

You could even email the agent instead saying that you need a full update and confirmation of when the buyer will be ready to
Exchange by close of business on Friday or you will have no other alternative than to remarket ane really put the frighteners on them.

He's getting a £13k reduction so doubt he'll want to lose it!

Xx

@honeylou42 hey I hope you're ok! Unfortunately I do think you'll be waiting for your sale to catch up Beyond the date of when the new home will be ready.

If you had a previous buyer(s) though you may be able to get the new buyer to purchase the old searches they had for your property (speak to the agent about this) to shave a couple weeks off.

It depends also on whether the buyers mortgage is in place or whether it's still all awaited.

Another factor as well is solicitors work load at the moment is ridiculous because everyone is trying to complete prior to the stamp duty changes at the end of June so a solicitor needs to be appointed for the buyer who can act quickly on the file!

Xx

@Itscoldouthere hello I hope you're well!

Nothing particular that you need to your ask your solicitor will ask all the appropriate questions but I would just check with your solicitor that to raise an enquiry with the sellers solicitors as to whether the distribution of sale proceeds has been agreed by the sellers.

So many times I've acted on a purchase where my clients are buying from a couple that are divorcing and deal with all legalities but right before exchange everything gets put on pause because the sellers disagree with how the proceeds will be split and the whole thing either falls apart or my buyers wait weeks or months until the sellers have reached a decision by way of mediation/courts.

Nothing else you need to do xx

@MummytoGeorgie thank you so much for that information, really useful, I will raise it with my solicitor who I’m pleased to say is excellent, so I’m sure she will be on the case.
Just have to hope it doesn’t become a problem, at least we aren’t on a tight timescale.
Thank you

@Itscoldouthere you're welcome! Good luck with the purchase .. hope it proceeds swiftly for you and great you have a good solicitor 😬

[MummytoGeorgie] Thank you so much I thought it would be the case, but really kind of you to confirm that probably will be the same as we thought.

Hi @MummytoGeorgie, hope you and your little one are enjoying the slightly cooler weather! On my earlier query re@ Lease Plan, my Solicitor went back to the Buyer's Solicitor with quite a stern response syaing we will not submit Plan to the Land Registry and they can do that on completion. There has been radio silence on this one.....
I am just contemplating all the reasons why they would not want to do this? Probably owrrying over nothing, but surely if I submit before Sale, then we are risk of my Buyer's Searches and Mortgage Offer being out of date, and therefore it is in no ones best interest?

Wow, that's amazing and so kind of you thank you!
I have a question about ownership on a flat that I bought with my ex in 2006. I found the property deed but it doesn't say on there if we are joint tennants or tenants in common. The problem is that we split up in 2011 and from then to 2018 I paid the mortgage and looked after the property. From 2018 to now my ex lived there and paid the mortgage (although for 1 year he paid interest only). Also I put the deposit down when originally we purchased the flat. I can't remember if we put that in the original deed or not but I always assumed he was a decent guy and wouldn't really argue about that should things not work out.
Now we have decided to sell the flat and I thought we could easily sort out between us who paid what and how to split the equity. Apparently I was wrong as he seems to think it doesn't who paid he deposit and we shod split everything evenly 50/50 as the flat in in both of our names.
As we had an offer on the flat I would like to know of I have a case or not. Looking at the numbers I put considerably more in than he did and, although the difference in money isn't huge, it's the principle that counts here. He's been very black and white about it and I was wondering if I could actually argue this in court if it came to that or if we are joint tenants or tenants in common with 50/50 share therfore I just have to accept that we have to split the profit and it's not worth spending time and money on it.
Hope it makes sense, and thank you again.