Last May we completed a house move in Mottingham. We have noticed several problems with the house which we believe were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Mottingham?
The question is vague as what problems have arisen and if they are unique to conveyancing in Mottingham. Conveyancing searches and due diligence initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a seller fills in a questionnaire called a Seller’s Property Information Form. If the information ends up being incorrect, then you may have a 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 Mottingham.
It is is a decade since I acquired my home in Mottingham. Conveyancing lawyers have now been instructed on the sale but I am unable to find my deeds. Is this a problem?
You need not be too concerned. Firstly the deeds may be with the lender or they may be in the possession of the solicitor who oversaw your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors obtaining up to date copy of the land registers. The vast majority of conveyancing in Mottingham involves registered property but in the rare situation where your property is unregistered it is more tricky but is resolvable.
Is there a search tool that I can utilise to check that the solicitor handling my conveyancing in Mottingham is on the mortgage lender’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Bank of Ireland thus paying £187.00 plus VAT in additional legal charges.
Please do take advantage of the search tool on this web page. Please choose the mortgage company and type ‘Mottingham’ or your location and you will discover a number of lawyer based in Mottingham or by proximity to you.
It has been three months since my purchase conveyancing in Mottingham completed. I have checked the Land Registry site which shows that I paid £150,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I'm purchasing a new build house in Mottingham benefiting from help to buy. The developers would not budge the amount so I negotiated five thousand pounds worth of additionals instead. The sale representative told me not disclose to my conveyancer about the deal as it could adversely affect my loan with the bank. Do I keep my lawyer in the dark?.
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.
I've recently bought a leasehold house in Mottingham. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I have had difficulty in trying to purchase the freehold in Mottingham. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most certainly. We are happy to put you in touch with a Mottingham conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a Mottingham premises is 49 Woodstock Court Burnt Ash Hill in May 2012. the payment of £64,116 by the leaseholder was the premium which the Tribunal found due for the lease extension in this case. This case related to 1 flat. The unexpired lease term was 23.26 years.