By Priscilla Sarton LL.M (auth.)
Part of Macmillan's sequence of legislation books, this article is meant for legislations undergraduates. It presents an advent to conveyancing and the legislation which follow to it. different titles within the sequence contain "Basic English Law", "Company Accounts", "Criminal legislations" and "Personnel Administration".
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Additional info for Conveyancing
There is no rule of professional conduct to prevent a solicitor acting for co-sellers, or for co-purchasers unless there is a conflict of interest between them. Usually there will not be a conflict, but see Chapter 17 for an example of how this might arise. e. successful redemption of the mortgage. Nor is there usually a conflict of interest in acting for the purchaser, and the purchaser's mortgagee, if the mortgagee is not a private person. However, there are two points that might arise: (i) any defect in title that might affect the value of the property or the security of the mortgage must be made known to the mortgagee even though this might result in the mortgage offer being withdrawn; (ii) any renegotiation in the terms of sale must be made known to the mortgagee, particularly any reduction in the purchase price.
14 Conveyancing When you read the formal offer, check the amount of the loan. Is this the amount your client expects? Is there any retention clause (see Chapter 17). Is there any condition that must be satisfied before the loan is made? g. for risk of subsidence. ) If the mortgage is an endowment mortgage, the offer will be conditional on the life policy being on foot before completion. The proposal form for the assurance should be completed now and forwarded either to the lender or the assurance company, and confirmation that the proposal has been accepted by the company is needed before contract.
It also preserves the priority of the mortgage, and prevents a later mortgagee of the policy gaining priority over the Society's mortgage. Two copies of the notice are prepared. After completion, both copies are sent to the assurance company 20 Conveyancing which is asked to receipt one copy of the notice and return it. This is then carefully preserved for fear the company might one day deny having been given notice. (Increasingly, lenders do not ask the borrower actually to assign the policy, but only to promise to assign it if required to do so.
Conveyancing by Priscilla Sarton LL.M (auth.)