My partner and I have just purchased a house in Aston. We have since encountered a number of issues with the house which we consider were overlooked in the conveyancing searches. What action can we take? What searches should? have been carried out for conveyancing in Aston?
The query is vague as what problems have arisen and if they are specific to conveyancing in Aston. Conveyancing searches and investigations initiated during the buying process are supposed to help avoid problems. As part of the process, the vendor fills in a questionnaire referred to as a Seller’s Property Information Form. If the information ends up being inaccurate, 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 Aston.
The Aston conveyancing solicitors that just started acting on my purchase in Aston have suddenly shut down. They were on acting for me because I had to have a solicitor on the Principality conveyancing panel and my family Aston lawyer was not. I gave my credit card details for them to take one hundred and fifty pounds for searches. What do I do now?
If you have an estate agent involved then let them know straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Principality conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to assist.
It has been five months following my purchase conveyancing in Aston took place. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
About to purchase a new build flat in Aston. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Aston
Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? There must be mutual enforceability of lessee’s covenants. 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. Please confirm the Lease plans are surveyor prepared. 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.
I decided to have a survey done on a house in Aston in advance of retaining lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some banks tend refuse to issue a mortgage on such a home.
It varies from the lender to lender. HSBC has different instructions from Birmingham Midshires. If you call us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Aston. Conveyancing will be smoother if you use a solicitor in Aston especially if they are familiar with such properties in Aston.
What are your top tips when it comes to appointing a Aston conveyancing practice to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Aston conveyancing practice) it is essential that they be familiar with the legislation and specialises in this area of work. We advise that you talk with two or three firms including non Aston conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be useful:
If the firm is not ALEP accredited then why not? Can they put you in touch with clients in Aston who can give a testimonial?
Leasehold Conveyancing in Aston - Examples of Queries Prior to Purchasing
Does the lease have onerous restrictions? It would be wise to find out as much as you can concerning the company managing the building as they will affect your use and enjoyment of the property. As the proprietor of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to daily matters like the upkeep of the common parts. You should not be afraid to ask prospective neighbours whether they are happy with them. Finally, be sure you understand the dates that you are obliged pay the maintenance charge to the relevant party and specifically what it includes. Is the freehold owned collectively by the tenants?