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How much should the conveyancer anticipate the lender's questions?

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  • How much should the conveyancer anticipate the lender's questions?

    I'm purchasing an over-60 flat (leasehold of course). The part of the conveyancing that would be needed if I was a 100% cash purchaser is finished, but the lender now has many very time consuming questions. Should the conveyancer have anticipated these? Either as part of their job, or as things that an alert conveyancer would anticipate over and above their bare minimum duty? Specifically:

    --- It is an over-60 property but the deeds only contain the language "for the elderly" not "over 60" and the lender won't accept this, it is too vague.

    --- There are two different names in the sales documents, as the flat is being sold by the father (lives in UK) of the owner (his son in Australia.) The lender wants a certificate they are the same person.

    I sometimes proof read documents, and I'd have thought even a proofreader would have queried these glaring discrepancies at an early stage. But the conveyancer [ part of a huge company] has been blindsided by them and it is horribly slow to remedy.

    Am I right to feel aggrieved? I thought the conveyancers job was to anticipate problems, but are there limits to this?

    Many thanks

    Andy, Bristol
    Tags: None

  • #2
    Are you asking whether the conveyancer should have expected a badly drafted lease?

    The question about the seller is one that should have been picked up if you were a cash buyer. Does the father hold a power of attorney for the son? If not, then he does not appear to have the right to sell.

    Interestingly, my mother has just bought a retirement flat. The lease is very clear in specifying that residents must be over the age of 55.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      atticus, thank you. The question about the elderly/over 60 is the same, ie is this something the conveyancer should have picked up even if I was a cash buyer ie before the lender entered the scene. I thought the job of the conveyancer was to work on my behalf to pick up dodgy details?

      He must have a power of attorney, because that one seems to have gone away.

      Comment


      • #4
        If you are over 60 the conveyancer may reasonably have thought that this was not going to be a problem for you as a cash buyer.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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