My wife and I have just acquired a house in Bedford Park. We have noticed several issues with the property which we suspect were missed in the conveyancing searches. What action can we take? What searches should? have been ordered as part of conveyancing in Bedford Park?
The question is vague as to the nature of the problems and if they are specific to conveyancing in Bedford Park. Conveyancing searches and investigations undertaken during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire referred to as a Seller’s Property Information Form. If the information provided is incorrect, you could possibly take legal action against the vendor 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 Bedford Park.
Finally the sale completed on my house in Bedford Park last February but our buyer keeps calling me to say her lawyer needs to hear from mine. What are the post completion sale formalities following completion?
After completion of your sale your conveyancer should send the transfer deeds and all additional paperwork to the buyer’s solicitors. Depending on the transaction, your solicitor should also evidence that the legal charge in favour of the lender has been discharged to the buyers conveyancers. There is unlikely to be post completion steps unique to conveyancing in Bedford Park.
I opted to have a survey completed on a property in Bedford Park prior to retaining lawyers. I have been advised that there is a flying freehold element to the property. The surveyor has said that some lenders may refuse to give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different requirements for example to Halifax. Should you wish to telephone us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Bedford Park. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Bedford Park to see if the conveyancing costs will increase in light of this.
I need to appoint a conveyancing solicitor for some conveyancing in Bedford Park. I happened to discover a site which seems to have the perfect offering If it is possible to get all this stuff completed via email that would be ideal. Do I need to be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
I’m about to sell my garden flat in Bedford Park. Conveyancing has not commenced, however I have recently had a half-yearly maintenance charge invoice – Do I pay up?
The sensible thing to do is discharge the invoice as you normally would because all rents and maintenance invoices should be apportioned on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. This will smooth the conveyancing process.
I have attempted and failed to negotiate with my landlord for a lease extension without any joy. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Bedford Park conveyancing firm to assist?
in cases where there is a absentee freeholder or if there is disagreement about what the lease extension should cost, under the relevant legislation you can apply to the Leasehold Valuation Tribunal to decide the amount due.
An example of a Freehold Enfranchisement case for a Bedford Park residence is 169 Southfield Road in September 2013. the tribunal decided that the premium to be paid in respect of the collective enfranchisement should be £51,203 This case was in relation to 2 flats. The unexpired residue of the current lease was 64.64 years.
Do I stop the direct debit for my mortgage with Nottingham as soon as a completion date for my sale in Bedford Park has been set?
You would be well advised to maintain meeting any mortgage sums to Nottingham until the mortgage is discharged from the proceeds of sale as part of your Bedford Park conveyancing.