Is it necessary that I get a chancel liability search? We are buying near parsonage land in Lutterworth.
The Law Lords decision in a landmark case in 2003 confirmed that chancel repair liability could be enforced. Liability has the potential to impact the value of a property, but insurance is available should an obligation to fund repairs be enforced. Lutterworth ecclesiastical properties where a chancel search may be necessary include St Mary.
Do I need a solicitor?
The quick and easy answer is that you don’t. There is no legal imperative for you to employ a solicitor to handle the conveyancing when dealing with property. However, it would be rather unwise for you to carry out the work yourself because you probably won’t have the skills, knowledge and experience to perform many of the complex tasks, and you won’t possess the indemnity insurance that all solicitors are obliged to carry to protect clients in the event that something goes wrong.
You need to appoint a solicitor who is experienced, proactive and focused so that you have the best chance of completing your transaction as early as possible. You should also look for such a solicitor who also offers ‘No Completion, No Fee’ protection so that you will only be invoiced for the fees once your transaction has completed successfully.
Worried about the conveyancing process? Looking at a tight budget? Let Homeward Legal help you with our low fees without compromising our service values. Call us now on 0800 038 6699.
What will the Lutterworth conveyancing solicitor recommend if the flat I am buying is situated in a Harborough local authority conservation area which has ill-suited new windows installed?
Harborough council LLC1 searches conducted by a property lawyer during the conveyancing process will confirm if the property is inside a conservation area and any evidence of permission for modifications will be required. If no local authority consents can be provided your conveyancing solicitor will inform you of the alternatives which include requesting an indemnity insurance or requesting retrospective permission from the council.
What’s the difference between residential and commercial conveyancing?
In essence, there is very little difference between the tasks needed for residential conveyancing against commercial conveyancing. The real difference comes in the type of property and the purpose for which it is intended to be used.
The majority of residential transactions are freehold, whereas commercial transactions are almost exclusively leasehold, and commercial property conveyancing searches will tend to be more expensive because the structure and land will occupy a greater space on average than that for residential property.
Can I agree a sale price without involving an estate agent or solicitor?
This depends on whether you have signed up with an estate agent and what agreement is already in place. While it might seem unfair if you’ve found a buyer outside of the estate agency process and you’re expected to still pay the agent their fees on sale, you should be very careful about stepping outside the agreed terms and conditions since this is legally binding and you may face penalties as a result. Therefore, if you want to follow this course, it’s worth checking the details with a solicitor to ensure you’re following the letter of the law.
If you’re not with an agent, you can publicise your house details with a number of publications and online sites (some are free, others require a fee), but you’ll need to do all the legwork and administration. For a legal standpoint, you don’t need to appoint a solicitor to perform the conveyancing, but it would be an unwise option to pursue as you will probably have neither the training or experience in some its complexities, and you won’t have the protective indemnity insurance in the event of a problem arising with your work.
Is it easy to sell a house without using an estate agent?
It’s relatively straightforward to sell your own home without involving an estate agent, although you should be warned that it’s a time-consuming process (which is why agents set a certain fee to pay for their time in getting your home sold).
First you need to get a proper valuation of your home, which can be done by paying a chartered surveyor and registered valuer, or you can research the house prices in the area for similar properties to get an idea of how they are selling.
Once you are happy with the price, you can advertise the property (there are several free sites that allow you to do this). Legally, you’re required to obtain an Energy Performance Certificate for the property before putting it up for sale, so you’ll need to organize a registered energy assessor to create this for you. Then you can start arranging viewings and negotiate an agreed price with anyone who is interested.
We would recommend, however, that you sign up with an estate agent as they can do all the leg work for you. The key thing, though, is to understand their fees and rates before signing an agreement with them.