My wife and I have lately bought a house in Baschurch. We have since encountered a number of issues with the house which we consider were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been conducted for conveyancing in Baschurch?
The question is not clear as what problems have arisen and if they are unique to conveyancing in Baschurch. Conveyancing searches and due diligence undertaken during the legal transfer of property are supposed to help avoid problems. As part of the process, a property owner completes a form known as a Seller’s Property Information Form. If the information turns out to be misleading, you could possibly take legal action 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 Baschurch.
We are getting a further advance on our home loan from Lloyds as we intend to conduct renovations to our home in Baschurch. Do we need to choose a high street Baschurch solicitor on the Lloyds conveyancing panel to handle the paperwork?
Lloyds do not ordinarily appoint a member of their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Lloyds list.
I am selling my apartment. I had a double glazing fitted in September 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Principality are being a right pain. The Baschurch solicitor who is on the Principality conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Principality are requiring a building regulation certificate. Why do Principality have a conveyancing panel if they don't accept advice from them?
It is probably the case that Principality have referred the matter to their valuer. The reason why Principality may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Intending to buy a house in Baschurch. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Nottingham conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Baschurch conveyancer is on the Nottingham conveyancing panel.
3 months have gone by following my purchase conveyancing in Baschurch completed. I have checked the Land Registry site which shows that I paid £150,000 when infact I paid £160,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the asset from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Due to the input of my in-laws I had a survey completed on a house in Baschurch before retaining lawyers. I have been told that there is a flying freehold element to the house. The surveyor has said that some mortgage companies will not grant a mortgage on such a property.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. If you call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Baschurch. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Baschurch to see if the conveyancing costs will increase in light of this.
I'm converting the mortgage on my primary property to a buy to let mortgage with Coventry Building Society and intend to use the remaining equity towards a second property. The location we are talking about is Baschurch. Will your conveyancers be able to act for the two banks and link together the conveyances?
Do use our comparison tool on this site to be sure that the solicitors are approved by both banks. On the basis that they are the conveyancer will be able to simultaneously deal with the two conveyancing matters but you should have a chat with you solicitor and communicate your desired outcome and requirements.
I work for a busy estate agency in Baschurch where we see a few leasehold sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Baschurch conveyancing solicitors. Can you shed some light as to whether the owner of a flat can initiate the lease extension process for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Baschurch Conveyancing for Leasehold Flats - Sample of Questions you should consider before Purchasing
-
How long is the Lease? How is the lease structured?