Conveyancing In West Sussex Q & A's
Should I get my short lease extended before selling?
Buyers are becoming increasingly wary of buying leaseholds with less than 90 years to run because, first, the cost of increasing a leasehold is becoming far more expensive, and, second, mortgage companies are becoming increasingly reticent to lend money to buy leases that have dropped below the 80-year mark (indeed, this will be one of the criteria that they set to ensure their investment is protected).
As a result, buyers will often insist that the leasehold be extended back up to the 99-year or 125-year typical thresholds before going ahead and buying it. So, as the current leaseholder, you will almost certainly be expected to do the legal work required to extend the lease to a level that buyers will be happy with.
Who do I give the appliance warranties to if they are being left at the property I’m selling?
If you are leaving what is generally termed ‘white goods’ at the property you are selling, which are still in warranty, the documentation should be given to your solicitor so that any warranties can be given to the buyer’s solicitor as part of the contract.
Note that, should you be leaving any electrical (or other) items at the property, this should be made clear on the Fixtures and Fittings Form (TA10) and agreed as early as possible between you and the buyers, particularly if you want financial recompense in so doing.
The estate agent we're using in West Sussex has suggested the property solicitor whom they usually use. Do I need to use them?
If you opt for a solicitor referred this way, you may have the advantage of the agent being able to pressure a slow solicitor to work faster. Such referrals should be compared against alternatives, such as local solicitors, or firms found online, as an agent may select the firm which pays to the largest referral fee, not the most appropriate choice.
When is it appropriate to instruct a solicitor to act on our purchase?
Simply, the sooner the better. Instructing a firm early for a purchase allows you will the details of your West Sussex solicitor ready when you make an offer, or, if you are selling a property, documents can be prepared earlier, considerably accelerating the whole process.
Is there a benefit to going to auction over a standard estate agent sale?
The majority of homes sold via an estate agent will be in a reasonable condition and usually modernised, whereas auction properties will often require a lot of modernisation or structural work before it can be lived in. That’s not to say you can’t use either for your sale, of course, irrespective of the state of the property.
Whichever option you choose, you should line up a focused, proactive solicitor on a fixed-fee agreement protected by a ‘No Completion, No Fee’ guarantee. You should appoint them as early as possible, too, so that the conveyancing work can start immediately – this is particularly important for auctions, as there is usually a four-week completion stipulation on its sale.
At Homeward Legal, we offer you’re the best quality service on all types of sale and purchase, including auctions, for competitively low fees protected by our 'No Completion, No Fee' guarantee. Try our online quote calculator or call our team on 0800 038 6699.
We plan to purchase a rectory in the parish of East Guldeford. Is a chancel search necessary?
A lawyer could recommend a chancel search. In older areas of West Sussex, chancel repair dues can be collected on the current owners of a residence where parish councils have previously chosen not to do so, so it can be difficult to use this as a guide.
Will we need to get a chancel search? I am buying a West Sussex residence close by a vicarage.
There are thousands of parishes across England and Wales. Owners of property within some of these may be required to subsidise the repair of a local church. Parochial Church Councils in West Sussex must register their interest over property by October 2013, simplifying the chancel search process.