My wife and I have lately acquired a property in Llantarnam. We have noticed several issues with the house which we suspect were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been ordered as part of conveyancing in Llantarnam?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Llantarnam. Conveyancing searches and investigations undertaken as part of the buying process are carried out to help avoid problems. As part of the process, the vendor fills in a document known as a Seller’s Property Information Form. answers proves to be misleading, 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 Llantarnam.
Should conveyancers ask for money up-front for conveyancing in Llantarnam?
Where you are retaining lawyers for conveyancing in Llantarnam your solicitor will ask you place them with monies to cover the the cost of the conveyancing searches. This will be the total of the cost of the conveyancing searches. If any down payment is payable against the sale price then this will be needed immediately prior to exchange of contracts. The closing balance that is due should be sent to your lawyer a few days ahead of the day of completion.
Is it the case that all Llantarnam solicitor firms on the Clydesdale conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be governed by the SRA. Many banks do allow licenced conveyancers on their panel and in that case the organisation would be governed by the CLC.
We previously chose conveyancing lawyers based in Llantarnam on the HSBC solicitor approved list. They are now charging me a separate sum for the legal aspects of the HSBC mortgage. Is this a supplemental conveyancing fee set by HSBC?
Provided it is contained in their Terms of Engagement or estimate then yes your property lawyer may levy a fee for this. The charge is not set by HSBC but by your Llantarnam solicitor. Plenty of firms on the HSBC panel will levy an ‘acting for lender’ fee but plenty of practices include it on their overall fee.
Coventry BS have agreed my home loan in principle, my bid on a house in Llantarnam has been agreed to, what happens next?
The property agent will want to be informed of your conveyancing practitioner's details (be sure the conveyancers are on the lender’s panel). Call up Coventry BS or your financial adviser and finish off any outstanding paperwork. Coventry BS will sellect a valuer who will get in touch with the selling agent or seller to arrange a time for the valuation to occur. Once carried out (assuming no problems) it takes about a week for the mortgage offer to be issued. Coventry BS will send the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Llantarnam.
We are buying a property and the lawyer has referenced Chancel Repair to which the property may be liable because it falls into the area of such a church. He has mentioned insurance. Is this strictly necessary for conveyancing in Llantarnam
Unless a prior acquisition of the property completed post 12 October 2013 you can assume that lawyers delivering conveyancing in Llantarnam to remain recommending a chancel search and or chancel repair liability policy.
Just had an offer accepted on a new build flat in Llantarnam. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Llantarnam
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There must be mutual enforceability of lessee’s covenants. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
Yesterday I discovered that there is a flying freehold element on a property I have offered on last month in what should have been a straight forward, no chain conveyancing. Llantarnam is the location of the property. Can you offer any opinion?
Flying freeholds in Llantarnam are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Llantarnam you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Llantarnam 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 residence.