The Practical Lawyer


House competitions – guidance

Increasing numbers of (desperate?) homeowners are trying to sell their homes via competitions. In response to this increase, the Law Society has issued guidance.

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Completion – late?

Under the standard conditions, completion must normally take place before 2pm. However, if money is received after 2pm, then another day’s interest is due (but does not prevent completion taking place later that day). See 6.1.2.

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Land Registry – offices

New designated LR offices come into force on 1 April.

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HIPs – administrator

Suppose you are acting for a seller who is the administrator of the estate of a relative, and probate has not yet been granted. Is an HIP needed?

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Standard Conditions – no mortgage?

There is no provision in the Standard Conditions allowing a buyer to rescind if the lender withdraws a mortgage offer.

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Properties – raffle prizes

One way of selling a property is as the prize in a raffle draw. But, such house competitions run the risk of falling foul of Gambling Act 2005.

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A Property Information Questionnaire has to be included in a Home Information Pack when the first point of marketing is on or after 6 April.

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Completion – undertaking

In these days of falling values and negative equity, it is more important than ever to take care before giving an undertaking to redeem an existing mortgage or charge – without having first obtained a redemption statement and/or the consent of each mortgagee for the release of their security.

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Land Registry – forms

A reminder that the new LR forms are now all mandatory (as from 10 February). Old forms cannot be used.


Contract – L’s consent?

If L’s consent is needed to an assignment (eg of a long residential lease) then consider whether the Standard Conditions are appropriate.

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