Last March we completed a house move in Heath Hayes. We have noticed several problems with the property which we believe were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that should have been conducted for conveyancing in Heath Hayes?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Heath Hayes. Conveyancing searches and due diligence initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a seller answers a document called a Seller’s Property Information Form. If the information turns out to be misleading, you could possibly take legal action against the vendor 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 Heath Hayes.
Is there a list of Barclays panel solicitors in Heath Hayes on the Council of Mortgage Lender’s Website?
No. There is no such directory service on the CML or Building Society Association sites. A small selection of mortgage companies make their panel listings viewable online. Where you are seeking to appoint a Heath Hayes lawyer on the Barclays please make the most of our facility.
We had instructed conveyancers with offices in Heath Hayes on the Kent Reliance solicitor approved list. They are now charging me a supplemental charge for the legal aspects of the Kent Reliance mortgage. Is this a supplemental conveyancing fee specified by Kent Reliance?
As unfair as it may appear, as long as it’s in their Terms of Engagement or estimate then yes your conveyancer can charge a fee for this. The fee is not set by Kent Reliance but by your Heath Hayes lawyer. Some firms on the Kent Reliance panel will charge ’dealing with mortgage’ fee and others do not.
After shopping around on the internet I have found a Heath Hayes property lawyer having checked that they are on the RBS conveyancing panel. Does my lawyer arrange the survey of the property?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your solicitor will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Heath Hayes postcode. As you are getting a mortgage with RBS, you could contact them to see if they have a list of approved surveyors in Heath Hayes.
Are there restrictive covenants that are commonly picked up during conveyancing in Heath Hayes?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Heath Hayes. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am purchasing a new build house in Heath Hayes with a mortgage from Bank of Ireland. The developers refused to budge the price so I negotiated £7000 of additionals instead. The estate agent advised me not reveal to my lawyer about the side-deal as it may adversely affect my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Over the last few months I have been searching for a ground for flat up to £235,500 and identified one near me in Heath Hayes I like with open areas and railway links nearby, however it only has 49 years unexpired on the lease. I can't really find anything else in Heath Hayes for this price, so just wondered if I would be making a mistake purchasing a short lease?
Should you require a mortgage the shortness of the lease will be an issue. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of twenty four months you may request that they commence the lease extension formalities and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.
In what way can the Landlord & Tenant Act 1954 affect my commercial property in Heath Hayes and how can you help?
The 1954 Act gives a safeguard to business lessees, giving them the a statutory right to apply to court for a new lease and remain in occupation at the end of an expired lease. There are limited grounds that a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in Heath Hayes