Elizabeth Whitaker
Solicitor, Residential Property
01423 566666
elizabeth.whitaker@raworths.co.uk
Background
Born in Yorkshire
Education: St John Fisher RC High School, Harrogate and University of Leicester
Previous roles: Greenland Houchen, Kirbys and O’Rourke Reid Solicitors
Joined Raworths 2008
Legal Specialisation
Elizabeth is a solicitor within the Residential Property Unit. Elizabeth deals with all aspects of the sale and purchase of residential property whether freehold or leasehold, registered or unregistered. Elizabeth also has a particular expertise of acting for elderly clients.
Experience
Examples of matters Elizabeth has advised upon include:
- Sales and purchases for clients moving home whether locally or nationally
- Sale of former matrimonial homes following a divorce
- Sales and purchases of retirement/sheltered housing
- Re-creation of unregistered titles where the deeds have been lost
- Plot purchases on residential developments
- Probate sales for Executors
- Deeds of Gift
- Re-mortgages
- Transfers of equity (often following divorce or separation)
- Assents of properties in accordance with a Will
- Sale of individual development plots eg. barns for conversion
- Voluntary first registration of large areas of land and also individual properties
In conversation
Why did you decide to specialise in residential sales and purchases ?
Every property is different and so is every client. I like the variety and working with individual people to help them at what can be an exciting but perhaps stressful event in their lives.
What provides you with the most satisfaction in your job ?
Completions. It is nice to know that clients are getting the keys to their new home, or for other clients that they are free of the responsibility and worry they have experienced whilst waiting for a property to sell.
Can purchasing a leasehold property be more complicated than purchasing a freehold property ?
Yes. You need to make sure that the lease meets mortgage lenders’ requirements and even if you do not have a mortgage yourself you need to think about re-sale possibly to a buyer with a mortgage. Also you need to check that the seller has paid their service charge up to date and that there are no plans to significantly increase the service charge. These points do not arise on freehold properties.
With a joint purchase, do we need to give thought as to how we ultimately own the property ?
Yes definitely. This is particularly important if you are contributing different amounts to the purchase price and any mortgage repayments or if you are in your second marriage and have children from your first marriage. I would probably ask a colleague in Raworths’ Wills and Probate Unit to assist because joint ownership needs to be considered together with making or reviewing your wills.
What are the main reasons for a sale falling through ?
The main reason is the survey. If a property needs more work than the buyer had expected or the valuation does not match the agreed price the sale will often fall through unless the seller is prepared to be flexible on price. However, sometimes either the buyer or the seller simply has a change of heart, and the English conveyancing system does allow that to happen, however tough that may be for the other party and the rest of the chain.
What is the one thing most people forget to do when they are selling a property ?
These days most mortgage lenders do not hold title deeds for borrowers and consequently many people forget where their deeds are. Although title deeds for registered properties are not strictly essential as the Land Registry now keeps electronic registers of title (which can be accessed online) the old deeds are very helpful when dealing with a sale. People should look for their deeds when they decide to sell and pass them to their solicitor.
What should people think about when putting their property on the market?
First of all choose your estate agent carefully and make sure you have a sensible asking price. Further, the earlier you instruct Raworths the better as we can get your deeds if we don’t already have them and will be able to help if any potential buyers raise queries whilst the property is being marketed.
