My brother and I have just bought a house in Basildon. We have since encountered a number of problems with the property which we suspect were overlooked in the conveyancing searches. What action can we take? Can you clarify the type of searches that needed to have been ordered for conveyancing in Basildon?
The query is not clear as what problems have arisen and if they are specific to conveyancing in Basildon. Conveyancing searches and due diligence undertaken as part of the buying process are designed to help avoid problems. As part of the process, the vendor fills in a form referred to as a SPIF. If the information is incorrect, 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 Basildon.
Finally the sale completed on my house in Basildon last October but our buyer keeps calling daily to moan that her solicitor is waiting to hear from mysolicitor. What should my lawyer have done following completion?
Post completion of your house sale your solicitor is duty bound to deliver the transfer deeds and all additional paperwork to the buyer’s solicitors. Where relevant, your conveyancer should also evidence that the mortgage has been paid off to the purchasers solicitors. There are no post completion formalities unique to conveyancing in Basildon.
We are selling our property in Basildon and according to the buyers it appears that there is a risk of it being built on contaminated land. A high street Basildon conveyancer would know that there is no such problem. It does beg the question why the buyers instructed a factory type conveyancing firm as opposed to a conveyancing solicitor in Basildon. We have lived in Basildon for many years we know that this is a non issue. Should we contact our local Authority to get clarification need.
It would appear that you have a conveyancing firm already. What do they say? You must 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 health insurance to cover that same sickness)
The deeds to our house can not be found. The conveyancers who conducted the conveyancing in Basildon 4 years ago are no longer around. What are my next steps?
You no longer need to have the physical deeds to prove you own the land or property, given that the Land Registry hold details of all registered land or property electronically.
In what way does the Landlord & Tenant Act 1954 affect my commercial premises in Basildon and how can you help?
The 1954 Act gives a safeguard to business leaseholders, giving them the legal entitlement to apply to court for a continuation of occupancy at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are involved. Fees are different for commercial conveyancing. Basildon is one of our many areas of the UK in which our lawyers are located
Is it necessary during the course of the conveyancing process to attend the offices of the lender conveyancing panel solicitor to sign the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Basildon so that I can pop in to their offices if necessary.
Whereas this was necessary 15 years ago, most lenders no longer require their conveyancing panel solicitor to witness the borrowers signature. You will still be obliged to provide ID Documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Basildon.