Last November we completed a house move in West Ham. We have noticed several problems with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered as part of conveyancing in West Ham?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in West Ham. Conveyancing searches and due diligence initiated during the buying process are supposed to help avoid problems. As part of the process, a property owner fills in a questionnaire called a Seller’s Property Information Form. answers turns out to be inaccurate, you could possibly take legal action 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 West Ham.
Finally the sale completed on my house in West Ham last May but my buyer keeps SMS messaging daily complaining that her conveyancer needs to hear from mylawyer. What should have happened following completion?
Following your disposal your lawyer should forward the transfer deeds and all supplemental paperwork to the purchaser's solicitors. If applicable, your solicitor must also evidence that the home loan has been paid off to the purchasers lawyers. There are no post completion steps peculiar conveyancing in West Ham.
We're in West Ham, FTBs purchasing with a mortgage (lender is RBS , and our solicitor is on the RBS conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the RBS conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no lawyer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I have been told that property searches are the number one reason for delay in West Ham conveyancing transactions. Is this right?
The Council of Property Search Organisations (CoPSO) has noted the determinations of research by MoveWithUs that conveyancing searches do not figure within the common causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of slowing down conveyancing in West Ham.
I have todaybeen informed that Arc property Solicitors have closed. They carried out my conveyancing in West Ham for a purchase of a freehold house 9 months ago. How can I be sure that my home is registered correctly in the name of the previous owner?
The easiest method to check if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of West Ham conveyancing specialists.
Last October I purchased a leasehold house in West Ham. Do I have any liability for service charges relating to a period prior to 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. However, 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 attempted and failed to negotiate with my landlord to extend my lease without success. Can I apply to the Leasehold Valuation Tribunal? Can you recommend a West Ham conveyancing firm to help?
Most certainly. We are happy to put you in touch with a West Ham conveyancing firm who can help.
An example of a Lease Extension matter before the tribunal for a West Ham property is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case affected 1 flat. The remaining number of years on the lease was 69.77 years.