My brother and I have just bought a property in Mayfield. We have since encountered a number of problems with the house which we consider were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Mayfield?
The question is vague as to the nature of the problems and if they are specific to conveyancing in Mayfield. Conveyancing searches and investigations undertaken as part of the buying process are designed to help avoid problems. As part of the process, a seller completes a form called a Seller’s Property Information Form. If the information is 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 Mayfield.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Mayfield?
There are many registered licenced Conveyancers in Mayfield and Solicitor partnerships in Mayfield to choose from It is important to make clear that both are supervised by regulatory bodies with both specialising in the legal aspects of the home buying process. The two can handle other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I am currently in the process of buying my council flat in Mayfield. I have a mortgage offer with Skipton. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Skipton, you will need to appoint a solicitor on the Skipton conveyancing panel.
I recently had an offer accepted on an apartment in Mayfield. My financial adviser suggested a conveyancer. I paid an advanced payment of £200. A few days later, the solicitor contacted me to say that they were not on the Coventry BS 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 Coventry BS 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.
Over the last few months I have been searching for a leasehold apartment up to £245,000 and found one close by in Mayfield I like with a park and transport links in the vicinity, the downside is that it only has 52 years on the lease. I can't really find anything else in Mayfield suitable, so just wondered if I would be making a mistake buying a lease with such few years left?
Should you require a home loan that many years may be an issue. Discount the offer by the amount the lease extension will cost if it has not already been discounted. If the current proprietor has owned the property for a minimum of 2 years you may request that they start the process of the extension and then assign it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.
How do I use your search app to select a conveyancing solicitor in Mayfield on the approved list for my lender?
1st pick a mortgage company such as Nationwide Building Society, Leeds Building Society or Nottingham Building Society then choose your location such as Mayfield. Conveyancing organisations in Mayfield and across England and Wales will then be shown.
I am a negotiator for a long established estate agency in Mayfield where we have witnessed a few flat sales derailed due to short leases. I have been given conflicting advice from local Mayfield conveyancing firms. Could you confirm whether the vendor of a flat can commence the lease extension process for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Mayfield Leasehold Conveyancing - Sample of Questions you should consider before Purchasing
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In the main the outlay for major works tend not to be included within service charges, although some managing agents in Mayfield require leaseholders to pay into a reserve fund and this is used to offset against larger works. The best form of lease arrangement is if the freehold reversion is in the ownership of the leaseholders. In this situation the tenants have control and even though a managing agent is frequently retained if the building is bigger than a house conversion, the managing agent is directed by the tenants. Who are the managing agents?
I have finally had an offer on an maisonette in Mayfield accepted, the seller does however have a connected purchase. The current proprietors have submitted an offer on a flat, but it’s not yet tied up, and are looking at other properties booked. I have selected a nearby conveyancing solicitor in Mayfield. What should be my next step? At what point should I apply for the mortgage with Co-operative?
It is usual to have concerns where there is an associated chain as you are unlikely to want to incur expenses prematurely (mortgage application is in the region of £1k, then valuation, Mayfield conveyancing search costs, etc). First, you must check that your property lawyer is on the Co-operative approved list. As to the next stages this very much dictated by the circumstances of your case, desire for the property and on the state of the market. During a buoyant market many purchasers will apply for a home loan with Co-operative and pay for the valuation and only if it comes back ok would they pay their lawyer to press on with searches.