Last July we completed a house move in Roath Park. We have since encountered a number of issues with the house which we suspect were omitted in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Roath Park?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Roath Park. Conveyancing searches and due diligence undertaken as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a form referred to as a SPIF. answers is incorrect, 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 Roath Park.
What is the first thing I need to know about purchase conveyancing in Roath Park?
You may not hear this from too many lawyers but conveyancing in Roath Park or throughout Cardiff is often a confrontational process. In other words, when it comes to conveyancing there exists plenty of opportunity for conflict between you and other parties involved in the transaction. E.g., the seller, property agent and even potentially a mortgage company. Appointing a lawyer for your conveyancing in Roath Park an important selection as your conveyancer is your adviser, and is the ONLY party in the legal process whose role it is to look after your legal interests and to protect you.
On occasion a third party with a vested interest may try and sway you that you should follow their advice. For example, the estate agent may claim to be helping by claiming that your lawyer is dragging his heels. Or your financial adviser may advise you to do something that is against your lawyers advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Can you clarify what the consequences are if my solicitor is removed from the Skipton Conveyancing panel ahead of completing my conveyancing in Roath Park?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
My friend advised me that where I am purchasing in Roath Park I should carry out a Neighbourhood, Planning and Local Amenity Search. What does it cover?
This is a search is occasionally included in the estimate for your Roath Park conveyancing searches. It is a large document of about 40 pages, listing and setting out important information about Roath Park around the property and the people living there. It includes an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Roath Park Housing Market, Council Tax Banding, the type of People living in the area, the dominant type of Housing, the Average House Prices, Crime statistics, Local Education with plans and statistics, Local Amenities and other useful data concerning Roath Park.
My wife and I own a terraced Edwardian house in Roath Park. Conveyancing practitioner represented me and Santander. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, another for leasehold under the matching property. Is it worth asking Santander to clarify?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Roath Park and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the situation with the conveyancing solicitor who conducted the conveyancing.
What can I expect to pay for conveyancing in Roath Park?
The amount you are charged for conveyancing in Roath Park may vary considerably from solicitor to solicitor. This makes it especially necessary for you to have a complete breakdown of costs before you instruct a conveyancer. One should always seek a few fee estimate.