My wife and I have just acquired a property in Chester. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. What action can we take? What searches should? have been conducted for conveyancing in Chester?
The query is vague as what problems have arisen and if they are relate to conveyancing in Chester. Conveyancing searches and due diligence undertaken as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a document referred to as a Seller’s Property Information Form. answers turns out to be 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 Chester.
We're in Chester, FTBs purchasing with a mortgage (lender is Principality , and our solicitor is on the Principality conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Principality conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no property lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I have been told that property searches are the number one cause of delay in Chester house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays in the conveyancing process. Searches are not likely to feature in any slowing down conveyancing in Chester.
The deeds to our home can not be found. The solicitors who dealt with the conveyancing in Chester 10 years ago no longer exist. What are my next steps?
These day there are duplicates made of almost everything, and your conveyancer will know precisely where to find all the appropriate documentation so you may purchase or dispose of your house without any difficulty. If duplicates can’t be located, your lawyer can put in place insurance or indemnities against possible claims on your premises.
I'm converting the mortgage on my primary home to a BTL loan with Britannia and intend to use the remaining equity as a deposit on another house. The neighborhood we are looking at is Chester. Will your solicitors be able to act for both sets of banks and tie in the conveyances?
Make use of our search tool on this site to ensure that the lawyers are approved by both lenders. Having checked that they are your lawyer should be able to tie up the two conveyancing matters but you should talk with you conveyancer and make apparent your expectations and needs.
I've recently bought a leasehold house in Chester. Am I liable to pay service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Chester - Sample of Queries before Purchasing
Generally speaking the cost for major works are not incorporated into the service charges, albeit that a few managing agents in Chester require leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance. How much is the service charge and ground rent on the flat? This information is useful as a) areas can result in problems in the building as the common areas may begin to deteriorate if services remain unpaid b) if the tenants have an issue with the running of the building you will want to know about it