Last June we completed a house move in Selsdon. We have since encountered a number of problems with the property which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been carried out for conveyancing in Selsdon?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Selsdon. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a seller completes a document called a SPIF. If the information ends up being incorrect, then you may have a claim against the owner 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 Selsdon.
I have a mortgage with Bank of Ireland for my property in Selsdon. Conveyancing has been completed 12 months ago. If I am intending to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Bank of Ireland?
Your original mortgage agreement with Bank of Ireland will provide that you need their approval in advance of letting out your property as this is likely to be a breach of Bank of Ireland’s mortgage conditions. It may be that Bank of Ireland will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Bank of Ireland directly. You need not do this via a Bank of Ireland conveyancing panel firm.
After months of negotiation I have agreed a price on an apartment in Selsdon. My mortgage broker pressured me to appoint their property lawyer. I paid an on account payment of £150. A couple of days later, the lawyer called me to say that they were not on the Nationwide 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 Nationwide 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.
Having read lots of mortgage guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Selsdon solicitor - who is on the UBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
UBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually UBS 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. You may wish to consider appointing your own Selsdon surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Various online forums that I have frequented warn that are the main reason for obstruction in Selsdon conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances in the conveyancing process. Searches are not likely to feature in any holding up conveyancing in Selsdon.
Just had an offer accepted on a new build flat in Selsdon. Conveyancing is necessary evil 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.
Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Selsdon
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I opted to have a survey carried out on a house in Selsdon in advance of instructing solicitors. I have been informed that there is a flying freehold overhang to the property. My surveyor advised that some mortgage companies tend not grant a mortgage on such a house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Selsdon. Conveyancing will be smoother if you use a solicitor in Selsdon especially if they are familiar with such properties in Selsdon.
We're novice buyers - had an offer accepted, yet the estate agent informed us that the vendor will only issue a contract if we use their recommended solicitors as they are insisting on an ‘expedited deal’. Our preferred option is to instruct a local solicitor with experience of conveyancing in Selsdon
We suspect that the seller is not behind this demand. If they want ‘a quick sale', turning down a motivated buyer is likely to cause more damage than good. Speak to the vendors direct and make the point that (a)you are keen to buy (b)you are excited to move forward, with finances in place © you are chain free (d) you intend to proceed fast (e)however you intend to use your preferred Selsdon conveyancing lawyers - not the ones that will give their negotiator at the agency a commission or meet his conveyancing thresholds demanded by HQ.