Last February we completed a house move in Salcombe. We have since encountered a number of problems with the property which we suspect were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Salcombe?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Salcombe. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the process, the vendor fills in a form called a SPIF. answers is misleading, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Salcombe.
It is a dozen years since I acquired my house in Salcombe. Conveyancing lawyers have now been retained on the sale but I can't track down my title documents. Will this jeopardise the sale?
Don’t worry too much. Firstly the deeds may be with your mortgage company or they could be in the possession of the solicitor who handled the purchase. Secondly in all probability the land will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring up to date copy of the land registers. The vast majority of conveyancing in Salcombe relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
Forgive me if this question is silly but I am unexperienced as a first time purchaser of a ground floor flat in Salcombe. Do I receive the keys to the premises on the completion date from my conveyancer? If this is the case, I will instruct a local conveyancing solicitor in Salcombe?
On the day of completion you will not be required to attend the conveyancers office in Salcombe. Conveyancing lawyers for you will transfer the purchase money to the vendor’s solicitors, and shortly after the monies have arrived, you should be able to collect the keys from the property Agents and start moving into the property. This tends to happen early afternoon.
I have today made my last payment due on my mortgage with Lloyds. I assume I don't need a Salcombe conveyancer on the Lloyds panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
UBS have agreed my mortgage in principle, my bid on a property in Salcombe has been accepted, now what?
The estate agent will need to be informed of your lawyer's details (be sure the lawyers are on the lender’s panel). Call up UBS or your financial adviser and finalise any outstanding documentation. UBS will sellect a valuer who will get in touch with the selling agent or owners to book an appointment. Once conducted (assuming no problems) it takes approximately a fortnight for the mortgage offer to be issued. UBS will issue the offer to you and your solicitors. The transaction will then take it’s course according the nature and complexity of the conveyancing in Salcombe.
The deeds to my home are lost. The lawyers who dealt with the conveyancing in Salcombe 10 years ago are no longer around. What are my next steps?
Gone are the days when you need to have the physical official documentation to prove you are the owner of your registered land or premises, as the Land Registry hold details of all registered land or property electronically.
Just had an offer accepted on a new build flat in Salcombe. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Salcombe
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Am I best advised to use a Salcombe conveyancing solicitor based in the location that I am buying? I have an old university friend who can execute the legal work but they are based a couple of hundredmiles away.
The benefit of a local Salcombe conveyancing firm is that you can visit the firm to sign paperwork, present your identification documents and pester them where appropriate. Having local Salcombe know how is a benefit. That being said it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and on the whole were impressed that should outweigh using an unknown Salcombe conveyancing solicitor solely due to them being based in the area.