Last November we completed a house move in Eastleigh. We have noticed several issues with the house which we suspect were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been carried out for conveyancing in Eastleigh?
The query is vague as what problems have arisen and if they are unique to conveyancing in Eastleigh. 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 fills in a document referred to as a SPIF. If the information turns out to be inaccurate, you could possibly take legal action 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 Eastleigh.
I am helping my niece sell her property in Eastleigh. Does the conveyancer order the energy performance certificate or should I organise this?
After the demise of Home Packs, energy assessments was retained a compulsory part of selling a property. An energy performance certificate needs to be to hand prior to the property being placed on the market. This is not as aspect of the sale process that lawyers ordinarily organise. If you are instructing a Eastleigh conveyancing lawyer they might be willing to arrange energy assessments given their relationships with long established Eastleigh accredited person
We had selected conveyancing lawyers locally in Eastleigh on the Leeds Building Society solicitor approved list. They are now charging me a further amount for handling the Leeds Building Society mortgage. Is this an additional conveyancing fee specified by Leeds Building Society?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your conveyancing practitioner is entitled to levy a fee for this. This fee is not set by Leeds Building Society but by your Eastleigh property lawyer. Some firms on the Leeds Building Society panel will quote an ‘acting for lender’ fee and others do not.
I had a mortgage agreed in principle with Nottingham. Eastleigh conveyancing solicitors have been instructed. How long does it take for Nottingham to send the offer to the solicitor?
There is no definitive answer here. Have Nottingham conducted the survey? Have you informed Nottingham as to your lawyers' details and checked that your lawyers are on the Nottingham conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
Various online forums that I have frequented warn that are the number one cause of hinderance in Eastleigh conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not feature within the top 10 causes of hindrances in the conveyancing process. Searches are unlikely to feature in any delay in conveyancing in Eastleigh.
The deeds to our home can not be found. The solicitors who handled the conveyancing in Eastleigh 4 years ago are no longer around. What are my next steps?
As long as the title is registered the information relating to your proprietorship will be retained by the Land Registry under a Title Number. It is easy to carry out a search at the Land Registry, identify your house and obtain current copies of the property title for a small fee. Where the property is Leasehold then the Land Registry will in most cases retain a certified copy of the Registered Lease and again, a copy can be obtained for twenty pounds.
All being well we will complete the sale of our £250,000 garden flat in Eastleigh next week. The freeholder has quoted £348 for Certificate of Compliance, building insurance schedule and 3 years statements of service charge. Is the landlord entitled to charge exorbitant fees for a flat conveyance in Eastleigh?
Eastleigh conveyancing on leasehold flats usually involves the purchaser’s solicitor sending questions for the landlord to answer. Although the landlord is not legally bound to address such questions most will be willing to do so. They are at liberty to charge a reasonable charge for responding to questions or supplying documentation. There is no set fee. The average costs for the information that you are referring to is over three hundred pounds, in some transactions it is above £800. The administration charge required by the landlord must be sent together with a summary of entitlements and obligations in relation to administration fees, otherwise the charge is not strictly payable. In reality you have little choice but to pay whatever is requested of you if you want to exchange contracts with the buyer.
Leasehold Conveyancing in Eastleigh - Sample of Questions you should ask before Purchasing
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For many Eastleigh leaseholds the cost for major works tend not to be included within service charges, albeit that some managing agents in Eastleigh ask leaseholders to pay into a reserve fund and this is used to offset against larger works. Please note if it is less than 80 years it will impact the value of the property. Check with your bank that they are happy with the length of the lease. A short lease means that you will most likely need a lease extension at some point and it is worth finding out what this will be. For most Eastleighlease extensions you will be be obliged to have owned the premises for a couple of years in order to be eligible to extend the lease. Are there any major works on the horizon that will add a premium to the service charges?
I need to switch lawyers as my Eastleigh lawyer is not on the bank's approved list of conveyancing solicitors. Is it practical to instruct different lawyers?
In the event that you have not formally instructed a conveyancer to start work and at this stage simply received quotes, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Eastleigh that you're considering.