My brother and I have recently purchased a property in Castleton. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been carried out for conveyancing in Castleton?
The query is vague as what problems have arisen and if they are relate to conveyancing in Castleton. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the process, the vendor answers a form referred to as a SPIF. answers proves to be misleading, then you may have a claim against the seller 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 Castleton.
I own a freehold property in Castleton but still charged rent, why is this and what is this?
It is rare for properties in Castleton and has limited impact for conveyancing in Castleton but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the generation of fresh rentcharges from 1977 onwards.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
The Castleton conveyancing lawyers that I appointed last week on my house acquisition in Castleton have without warning shut down. I chose them because I needed a firm on the Nottingham conveyancing panel and my family Castleton lawyer was not. I gave my credit card details for them to take £195 for searches. What are my options?
Assuming that you have an Estate Agent in the equation then let them know straight away so that they advise the vendors that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Nottingham 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 help.
I happen to be the only beneficiary of my late mum's will and I have everything in my name alone, including the house in Castleton. Conveyancing formalities meant that the Land Registry date was in August. I now wish to sell up. I do know about the Mortgage Lenders 6 month 'rule', which means that my proprietorship will be regarded the same way as if I'd bought the house in August. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. How practical a view mortgage companies take of it, depend on the lender as this obligation is principally there to capture the purchase and immediately sell or the wholesaling and assigning of property.
Completion of my remortgage has taken place for my property in Castleton. Conveyancing was satisfactory but I would like to complain about the lender. How does one go about formally complaining?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Department at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
After months of negotiation I have agreed a price on a house in Castleton. My mortgage broker recommended their conveyancers. I paid an upfront payment of £150. Soon after, the lawyer contacted me to say that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
My brother has recommend that I instruct his lawyers for conveyancing in Castleton. Should I find my own solicitor?
Much as we are happy to recommend a Castleton conveyancing lawyer the ideal way to find a conveyancing practitioner is to get guidance from friends or relatives who have previously instructed the firm that you are considering.
Myself and my partner have just had an offer accepted on a house and had meeting on Wednesday with Leeds Building Society for the mortgage. They advised us that when it comes to appointing a conveyancing practitioner that unless they are on their approved panel of lawyers then we will incur a further charge of £200. This is is due to the fact that they would then have to instruct a solicitor to act for them as well as the one we choose to act for ourselves and we will be on the hook for their fees. I have requested Leeds Building Society to send me with a list so I can request estimates only from their approved solicitors but was told that I need to check with each individual lawyer to see if they are on the panel. Is their an easier way of going about this?
You can enquire of Leeds Building Society what their criteria for panel membership is for a conveyancer.Thereafter ask the conveyancer of your choice whether they fit that criteria and have they acted on mortgages for Leeds Building Society in the past. Where the answer to those is yes, then just double check with Leeds Building Society. Alternatively please make use of our search facility and we may be able to find you a conveyancing practitioner in Castleton on the approved list for Leeds Building Society.