Last April we completed a house move in Harton. We have since encountered a number of problems with the house which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been conducted as part of conveyancing in Harton?
The query is vague as what problems have arisen and if they are relate to conveyancing in Harton. Conveyancing searches and investigations undertaken during the buying process are designed to help avoid problems. As part of the process, a seller fills in a document known as a Seller’s Property Information Form. If the information is 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 Harton.
I have an AIP. The lender mentioned the mortgage came with free conveyancing. Is the implication that I have to use their panel solicitor as I would much rather instruct a local conveyancing solicitor in Harton?
You should check but the chances are that appoint one of their panel lawyers where you take up the "fee-free" incentive. Contact the lender to see if they offer you a monetary alternative. In the past a few lenders offered a £250 cashback as an alternative in which case you could put that amount towards your preferred conveyancing solicitor in Harton.
How does conveyancing in Harton differ for newly converted properties?
Most buyers of new build property in Harton come to us having been asked by the seller to exchange contracts and commit to the purchase even before the property is ready to move into. This is because developers in Harton typically acquire the real estate, 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 conveyancers 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 Harton or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in two weeks back in what should have been a straight forward, no chain conveyancing. Harton is where the house is located. Can you offer any advice?
Flying freeholds in Harton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Harton you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Harton may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Should I go with a Harton conveyancing solicitor who is local to the property I am hoping to buy? We have a good friend who can deal with the legal formalities however his firm is located over three hundred kilometers away.
The primary upside of using a high street Harton conveyancing practice is that you can attend the office to execute paperwork, deliver your ID and pester them if necessary. They will also have local intelligence which is a benefit. However nothing is more important than finding someone that will do a good and efficient job. If other friends have instructed your friend and on the whole were content that should outweigh using an unfamiliar Harton conveyancing lawyer solely due to them being round the corner.
I have recently realised that I have Sixty One years unexpired on my lease in Harton. I am keen to get lease extension but my landlord is absent. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be extended by the magistrate. However, you will be required to demonstrate that you have done all that could be expected to find the lessor. For most situations an enquiry agent should be useful to try and locate and prepare a report which can be used as evidence that the landlord can not be located. It is advisable to get professional help from a conveyancer both on devolving into the landlord’s disappearance and the vesting order request to the County Court covering Harton.
I purchased a 1st floor flat in Harton, conveyancing having been completed in 1999. Can you give me give me an indication of the likely cost of a lease extension? Comparable properties in Harton with an extended lease are worth £202,000. The average or mid-range amount of ground rent is £60 invoiced annually. The lease expires on 21st October 2082
You have 57 years remaining on your lease the likely cost is going to be between £28,500 and £33,000 as well as plus your own and the landlord's "reasonable" professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. Do not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be taken into account and you obviously should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before getting professional advice.