Last May we completed a house move in Fitzrovia. We have noticed several problems with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Fitzrovia?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Fitzrovia. Conveyancing searches and due diligence undertaken as part of the buying process are designed to help avoid problems. As part of the process, the vendor completes a form called a Seller’s Property Information Form. If the information provided is 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 Fitzrovia.
My aunt passed away six months ago and as sole heir and executor I was left the property in Fitzrovia. The house had a small mortgage left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Barclays will insist on your using a conveyancer on the Barclays conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Barclays conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Barclays mortgage is registered as a charge at the Land Registry.
I have recentlybeen informed that Wolstenholmes have been shut down. They carried out my conveyancing in Fitzrovia for a purchase of a leasehold flat 18 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The easiest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Fitzrovia conveyancing specialists.
How does conveyancing in Fitzrovia differ for newly converted properties?
Most buyers of new build property in Fitzrovia come to us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is constructed. This is because developers in Fitzrovia usually acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Fitzrovia or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a property in Fitzrovia ahead of instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some banks will refuse to give a loan on a flying freehold house.
It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Fitzrovia. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Fitzrovia to see if the conveyancing costs will increase in light of this.
In searching the internet for the phrase cheap conveyancing in Fitzrovia it shows results of numerous solicitorslocally. How do I determine which is the suitable conveyancer for the sale of my house?
The preferential way of finding a suitable conveyancer is via personal recommendation, so ask colleagues and those you trust who have bought a property in Fitzrovia or the respected estate agent or mortgage broker. Fees for conveyancing in Fitzrovia vary, so it's a good idea to secure a minimum of four fee calculations from varying types of solicitors. Make sure that you clarify that the costs are guaranteed not to increase.