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Ambiguity on mortgage offer
Lorenzo94
Posts: 141 Forumite
Good morning, I had a mortgage offer form Halifax. In the special conditions, I have the following:
• THE PROPERTY IS UNDERSTOOD TO BE OF A CONSTRUCTION WHICH INCLUDES AN EXTERNAL WALL SYSTEM INCLUDING ANY CLADDING AND ANY ATTACHMENTS. THE VALUATION IS BASED ON EITHER A CERTIFICATE OF COMPLIANCE OR AN EWS1 FORM BEING OBTAINED FROM THE DEVELOPER.
• YOU MUST GIVE THE CONVEYANCER A COPY OF THE VALUATION, WHERE ONE HAS BEEN PROVIDED, AND THEY MUST GET A COPY OF EITHER THE CERTIFICATE OF COMPLIANCE OR AN EWS1 FORM FROM THE DEVELOPER BEFORE COMPLETION OF THE MORTGAGE.
• THE PROPERTY IS UNDERSTOOD TO BE OF A CONSTRUCTION WHICH INCLUDES AN EXTERNAL WALL SYSTEM INCLUDING ANY CLADDING AND ANY ATTACHMENTS. THE VALUATION IS BASED ON EITHER A CERTIFICATE OF COMPLIANCE OR AN EWS1 FORM BEING OBTAINED FROM THE DEVELOPER.
• YOU MUST GIVE THE CONVEYANCER A COPY OF THE VALUATION, WHERE ONE HAS BEEN PROVIDED, AND THEY MUST GET A COPY OF EITHER THE CERTIFICATE OF COMPLIANCE OR AN EWS1 FORM FROM THE DEVELOPER BEFORE COMPLETION OF THE MORTGAGE.
• WHERE APPLICABLE, THE CONVEYANCER MUST EXPLAIN THE LEGAL LIMITATIONS OF AN EWS1 BEFORE EXCHANGE OF CONTRACTS. HALIFAX IS NOT RESPONSIBLE FOR THE CONTENT OF AN EWS1 OR ANY LOSSES IF IT IS INCORRECT.
• YOU HAVE NO LEGAL RIGHT TO CLAIM AGAINST HALIFAX, THE VALUER OR THE PERSON WHO PREPARED AN EWS1.
Does this mean that an EWS1 form is needed before completion? I asked Halifax and my solicitor, and they said it’s not needed.
Also, the seller solicitor have approved the mortgage offer.
I am very confused and stressed as I am worried that once I exchange contracts and sign the papers (and pay the deposit), I may have a bad surprise.
Lastly, the building is a new build with brick cladding, and the surveyor as well said that there’s no need for a cladding report during the evaluation.
Does this mean that an EWS1 form is needed before completion? I asked Halifax and my solicitor, and they said it’s not needed.
Also, the seller solicitor have approved the mortgage offer.
I am very confused and stressed as I am worried that once I exchange contracts and sign the papers (and pay the deposit), I may have a bad surprise.
Lastly, the building is a new build with brick cladding, and the surveyor as well said that there’s no need for a cladding report during the evaluation.
0
Comments
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Get your solicitor to get in touch with Halifax and ask for them to remove the condition if its not required. The solicitor works for both parties
I havent had any through Halifax but with other lenders the absence of a required ews1 form stops the mortgage offer altogether1
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