I am searching for value for money conveyancer. Do I opt for a web based conveyancer as opposed to a local St Helier conveyancing solicitor?
St Helier is a unique place, where local insight helps. The relaxed pace of life has an upside – just not when it comes to your conveyancing. The property lawyers that we work with possess vast St Helier insight with a positive, can doapproach that helps everything runs smoothly. It is a distinct advantage if they can make use of long term connections with financial advisers, search providers, valuers and other St Helier conveyancing practitioners
My brother and I have just bought a house in St Helier. We have since encountered a number of issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out as part of conveyancing in St Helier?
The question is vague as what problems have arisen and if they are specific to conveyancing in St Helier. Conveyancing searches and investigations initiated as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a seller completes a document called a Seller’s Property Information Form. If the information turns out to be inaccurate, 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 St Helier.
I am intent on selling our home in St Helier and according to the buyers it appears that there is a risk of it being built land that was not decontaminated. Any high street St Helier conveyancer would know this is not the case. For the life of me I don't know why the buyers instructed a nationwide conveyancing outfit as opposed to a conveyancing solicitor in St Helier. We have lived in St Helier for 5 years we know of no issue. Should we get in touch with our local Authority to seek confirmation need.
It would appear that you have a conveyancing lawyer already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
How does conveyancing in St Helier differ for newly converted properties?
Most buyers of new build or newly converted property in St Helier come to us having been asked by the seller to sign contracts and commit to the purchase even before the premises is finished. This is because developers in St Helier usually purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in St Helier or who has acted in the same development.
I opted to have a survey completed on a house in St Helier in advance of instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some banks tend refuse to give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Bank of Scotland has different instructions from Nationwide. If you contact us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in St Helier. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in St Helier to see if the conveyancing will be more expensive.
I've recently bought a leasehold flat in St Helier. Do I have any liability for service charges for periods before completion of my purchase?
In a situation where the service charge has already been demanded from the previous lessee 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. A critical element of leasehold conveyancing for your conveyancer to ensure 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).
Despite our best endeavours, we have been unsuccessful in trying to purchase the freehold in St Helier. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Absolutely. We can put you in touch with a St Helier conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a St Helier property is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case affected 2 flats. The unexpired term was 66.67 years.