Last January we completed a house move in Halewood. We have since encountered a number of problems with the property which we suspect were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been conducted as part of conveyancing in Halewood?
The question is not clear as to the nature of the problems and if they are specific to conveyancing in Halewood. Conveyancing searches and due diligence undertaken during the buying process are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a form called a SPIF. If the information proves to be inaccurate, you may have a misrepresentation 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 Halewood.
What does my ID and proof of funds have anything to do with my conveyancing in Halewood? What am I being asked for?
Halewood conveyancing solicitors as well as nationwide property practitioners throughout the UK have a duty under money laundering regulations to check the ID of any client in order to ensure that clients are who they say they are.
Conveyancing clients are required to produce two forms of certified ID; proof of ID (usually a Passport or Driving Licence) and proof of address (usually a Utility Bill less than 3 months old).
Evidence of the origin of monies is also required under the money laundering statutes as solicitors have a duty to ensure that the funds you are using to purchase a property (whether it be the deposit for exchange or the total purchase monies if you are a cash purchaser) has originated from an acceptable source (such as employment savings) and is not the product of illegitimate behaviour.
My grandfather passed away last year and as sole heir and executor I was left the house in Halewood. 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 Nottingham, pay off the mortgage. Is this possible?
Given you intend to re-mortgage then Nottingham will insist on your using a conveyancer on the Nottingham 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 Nottingham 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 Nottingham mortgage is registered as a charge at the Land Registry.
What is the difference between a licensed conveyancer and conveyancing solicitor in Halewood
There are two types of lawyers who can execute conveyancing in Halewood namely CLC regulated conveyancers or solicitors. Both professionals handle conveyancing services that required to complete the disposal or purchase of property. Both are duty bound to perform Halewood conveyancing to the same standards and guidelines so you can be safe in the knowledge that your conveyancing will be professionally conducted and that the necessary procedures should be accurately adhered to.
I am being told by my solicitor that restrictive coveneant insurance is needed on my purchase. What is the level of cover for Halewood conveyancing?
The right level of restrictive coveneant indemnity insurance should be dictated by who your lender. It would differ for example between Nationwide Building Society and Barnsley Building Society. Conveyancing lawyers as opposed to members of the public take out such policies.
I recently had an offer accepted on an apartment in Halewood. My mortgage broker suggested a conveyancing practitioner. I paid an upfront payment of £150. A few days later, the conveyancer called me sheepishly admitting that they were not on the UBS 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 UBS 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.
Will our lawyer be making enquiries regarding flooding as part of the conveyancing in Halewood.
The risk of flooding is if increasing concern for solicitors dealing with homes in Halewood. Plenty of people will acquire a property in Halewood, fully expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, but there are a number of checks that may be undertaken by the purchaser or on a buyer’s behalf which should figure out the risks in Halewood. The conventional set of completed inquiry forms supplied to a buyer’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the owner to discover whether the property has ever been flooded. If the property has been flooded in past which is not notified by the seller, then a purchaser may bring a legal claim for losses stemming from an misleading answer. The buyer’s solicitors should also order an environmental search. This should disclose whether there is any known flood risk. If so, further inquiries will need to be carried out.
I decided to have a survey done on a property in Halewood prior to retaining conveyancers. I have been told that there is a flying freehold element to the house. The surveyor has said that some lenders may not give a mortgage on such a property.
It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. If you contact us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Halewood. Conveyancing will be smoother if you use a solicitor in Halewood especially if they regularly deal with such properties in Halewood.