My partner and I have recently bought a house in Upper Clapton. We have noticed several problems with the house which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Upper Clapton?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Upper Clapton. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a property owner answers a questionnaire referred to as a SPIF. If the information provided is inaccurate, 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 Upper Clapton.
Finally the sale completed on my house in Upper Clapton last April yet the purchaser is texting daily complaining that her solicitor needs to hear from mine. What should my lawyer have done following completion?
After completion of your house sale your solicitor should deliver the transfer documentation and all of the paperwork to the purchaser's conveyancer. If applicable, your conveyancer must also confirm that the legal charge in favour of the lender has been discharged to the purchasers solicitors. There are no post completion steps peculiar conveyancing in Upper Clapton.
My property lawyer in Upper Clapton has never been on on the Norwich and Peterborough Building Society Conveyancing Panel. Is it possible for me to continue with my prefered solicitor even though they are not on the Norwich and Peterborough Building Society panel of approved conveyancing solicitors?
The limited options available to you here include:
- Carry on with your preferred Upper Clapton solicitors but Norwich and Peterborough Building Society will need to instruct a conveyancer on their panel. This will inevitably rack up the total conveyancing charges and cause frustration.
- Get a new lawyer to act in the conveyancing, not forgetting to check they are Norwich and Peterborough Building Society approved.
- Persuade your Norwich and Peterborough Building Society based solicitor to seek to join the Norwich and Peterborough Building Society panel
My husband and I have organised the release of further monies on our home loan from Co-operative as we want to carry out improvements to our home in Upper Clapton. Do we need to appoint a high street Upper Clapton solicitor on the Co-operative conveyancing panel to deal with the legals?
Co-operative do not ordinarily instruct firms on their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Co-operative panel.
We have agreed to purchase a house in Upper Clapton. An unusual aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Clydesdale be concerned?
Given that your lender is Clydesdale your lawyer must comply with the conveyancing requirements outlined in Part two of UK Finance Lenders’ Handbook for Clydesdale. The CML Handbook contains minimum specifications for solar panel roof-space leases, and lawyers are required to report to Clydesdale where a lease does not comply with these provisions. The provisions relate to the installation of panels on properties nationwide and is not limited to Upper Clapton.
My wife and I are in the throws of looking at apartments in Upper Clapton and I am about to put in an offer. Should I already have a property lawyer appointed at this stage? I intend to finance via a home loan with Co-operative.
You should start obtaining conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. Given that you are seeking a mortgage with Co-operative, ask your prospective lawyers if they are on the Co-operative conveyancing panel otherwise they can't do the mortgage legal work.
My wife and I own a renovated Georgian house in Upper Clapton. Conveyancing solicitor acted for me and National Westminster Bank. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess 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 proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Upper Clapton and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the situation with your conveyancing solicitor who conducted the purchase.
I am purchasing a new build house in Upper Clapton with the aid of help to buy. The builders refused to budge the price so I negotiated 6k of extras instead. The sale representative told me not disclose to my conveyancer about this extras as it would affect my mortgage with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder 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.