How to manage your solicitor


30/10/2012
by: Mary-Anne Bowring

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My First Experience with a Solicitor

In this section, the author reflects on their first experience working with a solicitor when purchasing their first property at 18. Despite feeling nervous and overwhelmed, the meeting turned out to be a reassuring and educational experience. The solicitor took the time to explain the key elements of the lease, rights and responsibilities, and what to expect as a new homeowner. This encounter contrasts with the more impersonal and transactional experiences many buyers face today.

The Shift in the Role of Solicitors and Buyers

This section discusses how the role of solicitors has evolved, especially in the context of conveyancing costs decreasing and the rise of online do-it-yourself conveyancing services. The author observes that it has now become the buyer’s responsibility to manage their solicitor. Despite this, many buyers no longer receive the thorough advice and personal attention that was once standard. The author suggests that solicitors should have experience working with managing agents to better understand the complexities of leases.

Essential Questions to Ask Your Solicitor

Here, the author provides a list of key questions and points to discuss with your solicitor when purchasing a leasehold property. This includes understanding the service charge regime, how often payments are due, whether the lease allows for a reserve fund, and what works are planned or pending. Each of these elements is crucial to avoid future financial surprises and to ensure the property is a sound investment.

Lease Length and Buyer Rights

This section highlights the importance of understanding the lease length and how it affects both property value and the buyer's rights. The author explains the concept of short leases, specifically the significance of the 70 and 80-year marks, and how they can impact the cost and process of lease extensions. It’s important for buyers to choose solicitors who are familiar with these issues and can help them navigate the lease extension process, potentially saving money and increasing property value.

Understanding Leaseholder Rights and Responsibilities

In this part, the author explains various leaseholder scenarios, including traditional leases, share of freehold, right to manage, and other possible structures. Depending on the legal structure, the leaseholder may or may not have a say in the running of the block, making it essential for the buyer to understand their rights before committing. The author encourages buyers to research their specific lease structure and ensure that they have the opportunity to participate in the decision-making process.

Financial Health of the Block and Service Charge Issues

The final section focuses on the financial stability of the property and the importance of reviewing service charge accounts. It advises buyers to look out for deficits, surpluses, and the overall financial health of the block. Understanding the reserve fund, debtors, and creditors can provide insight into the building’s maintenance needs and cash flow, helping buyers avoid future financial trouble. The author emphasizes the need for solicitors to review these aspects thoroughly to protect buyers from inheriting any financial burdens.

The final section focuses on the financial stability of the property and the importance of reviewing service charge accounts. It advises buyers to look out for deficits, surpluses, and the overall financial health of the block. Understanding the reserve fund, debtors, and creditors can provide insight into the building’s maintenance needs and cash flow, helping buyers avoid future financial trouble. The author emphasizes the need for solicitors to review these aspects thoroughly to protect buyers from inheriting any financial burdens.


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