My wife and I have lately purchased a house in Lees. We have noticed several problems with the house which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out as part of conveyancing in Lees?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Lees. Conveyancing searches and investigations undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a property owner fills in a document called a Seller’s Property Information Form. answers is misleading, you may have a misrepresentation claim 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 Lees.
We are planning to purchase with Loughborough BS. We have called around locally but am struggling to find a Lees conveyancing firm on the Loughborough BS approved list. Can you assist?
You should make the most of the find a conveyancing panel solicitor tool on this page. Pick the mortgage company and type Lees or your location and you will be presented with numerous solicitors located in Lees or nearest you.
I just acquired a property at auction in Lees. Conveyancing is necessary. What is next?
Having to all intents and purposes signed on the dotted line you will need to instruct a conveyancing solicitor as a matter of urgency as you are faced with a tight a drop dead date to complete the deal. All auction property should have a corresponding auction pack. This will include evidence of title and search results. In the case of leasehold premises the auction papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You need to pass this on to your appointed conveyancing solicitor ASAP. Do make sure that you have funds organised to complete on the date specified in the contract.
I am selling my apartment. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Clydesdale are being a right pain. The Lees solicitor who is on the Clydesdale conveyancing panel is saying indemnity insurance will be fine but Clydesdale are requiring a building regulation certificate. Why do Clydesdale have a conveyancing panel if they don't accept advice from them?
It is probably the case that Clydesdale have referred the matter to their valuer. The reason why Clydesdale may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Having read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Lees solicitor - who is on the Bank of Ireland conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Bank of Ireland will need an independent valuation of the property. Your lawyer will not arrange this. Usually Bank of Ireland 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 property lawyer 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 Lees postcode. As you are getting a mortgage with Bank of Ireland, you could contact them to see if they have a list of approved surveyors in Lees.
My wife and I are selling our home in Lees and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A high street Lees lawyer would know this is not the case. For the life of me I don't know why the buyers used a national conveyancing firm as opposed to a conveyancing solicitor in Lees. We have lived in Lees for 5 years we know that this is a non issue. Do we contact our local Authority to get confirmation need.
It sounds as though you may have a conveyancing lawyer currently acting for you. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
I was advised by a number of selling agents in Lees to get a quote from a conveyancer on your site. What’s the financial incentive for Estate Agents to promote your services ahead of another?
We refuse to make any financial incentive for sending work to this site. We thought it would be too underhand a fee because a client could think, ‘How come the agent getting a kickback? Why aren’t I getting any benefit too?’ So we decided to step away from that.
Can you provide any top tips for leasehold conveyancing in Lees with the intention of saving time on the sale process?
- A significant proportion of the delay in leasehold conveyancing in Lees can be avoided if you get in touch lawyers as soon as your agents start advertising the property and request that they start to put together the leasehold information which will be required by the purchasers’ lawyers. If there is a history of any disputes with your freeholder or managing agents it is very important that these are resolved prior to the flat being marketed. The buyers and their solicitors will be reluctant to purchase a property where there is a current dispute. You may need to swallow your pride and discharge any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is clearly preferable to reveal the dispute as historic as opposed to unresolved. Some Lees leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their lawyers. If you are supposed to have a share in the freehold, you should make sure that you hold the original share document. Obtaining a duplicate share certificate can be a lengthy process and frustrates many a Lees home move. Where a duplicate share certificate is required, you should approach the company officers or managing agents (if relevant) for this sooner rather than later. If you have carried out any alterations to the premises would they have required Landlord’s approval? Have you, for example installed wooden flooring? Most leases in Lees state that internal structural changes or installing wooden flooring necessitate a licence from the Landlord approving such changes. Where you dont have the approvals to hand do not contact the landlord without checking with your lawyer first.
Lees Leasehold Conveyancing - Sample of Queries Prior to Purchasing
-
Make sure you find out if there are any onerous restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Lees. If you love the propertyin Lees yet your dog can’t move with you then you will be presented with a hard compromise. Please inform me if there are any major works in the near future that will likely add a premium to the maintenance charges?