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Private mortgages

Often, the “bank of Mum and Dad” is used to fund first time buyers, due to the difficulty of getting mortgage loans from banks and building societies. In such cases, often all the lender wants is – a note signed by the borrower, agreeing to the terms of the loan and its repayment – “a promissory note” – and a mortgage (or charge) over the property being bought to ensure it cannot be sold...
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What are lawyers for?

I am proud to be a lawyer that acts for real people – not an “Inc Lawyer”. See http://memex.naughtons.org/archives/2012/09/12/17010
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Lock-in agreements – use with caution

In the current housing market, it is very tempting to use lock-in agreements to lock-in a potential buyer.  If someone is keen to buy a particular property, but cannot do so immediately (usually because they must first find a buyer for their own home), they may offer to pay a “holding deposit”. Such a deposit is of no value to the seller unless there is agreement as to the...
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Buyer beware!

Seth Godin has an interesting take on a well worn legal tag “buyer beware” – see here While I accept Godin’s analysis and recommendation for all businesses – and will strive to implement it throughout my own business – “buyer beware” is still a fundamental tenet of English law: If you buy a house, the seller has no obligation to disclose any...
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Japanese Knotweed

I’m not sure why, but most surveyors’ reports these days refer to the problem of Japanese Knotweed. I’m not suggesting it is not a problem – far from it – see this article for why: Japanese Knotweed-2012-06 My bafflement is as to why now, when it has been around (and a problem) for so long. Whatever the reason, it is being mentioned in survey reports more often...
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