Last January we completed a house move in Biggin Hill. We have since encountered a number of problems with the property which we consider were omitted in the conveyancing searches. What action can we take? What searches should? have been carried out as part of conveyancing in Biggin Hill?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Biggin Hill. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the process, the vendor fills in a form called a Seller’s Property Information Form. If the information ends up being misleading, you may have a misrepresentation claim 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 Biggin Hill.
It is 10 years ago since I purchased my house in Biggin Hill. Conveyancing solicitors have just been instructed on the sale but I am unable to locate my title documents. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be with the mortgage company or they could be archived with the lawyers who acted in the purchase. Secondly in all probability the property will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers procuring current official copies of the land registers. The vast majority of conveyancing in Biggin Hill relates to registered property but in the unlikely event that your property is unregistered it adds to the complexity but is not insurmountable.
Last month we had a mortgage agreed in principle with Barclays. Biggin Hill conveyancing practitioners have been chosen. What is the average time that one could expect to receive a mortgage offer from Barclays?
There is no definitive answer here. Have Barclays done the valuation? Have you advised Barclays as to your lawyers' details and checked that your lawyers are on the Barclays conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I am expecting a OIP from Virgin Money this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Virgin Money recommend any Biggin Hill solicitors on the Virgin Money conveyancing panel, or is it better to go independently?
You will need to appoint Biggin Hill solicitors independently although you'll need to choose one on the Virgin Money conveyancing panel. The solicitor represents both you and Virgin Money through the process.
I currently have a mortgage with Co-operative for my property in Biggin Hill. Conveyancing was finalised months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Co-operative?
Co-operative must be informed of your intention before letting out your property as this is likely to be a breach of Co-operative’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Co-operative directly. It should not be necessary to do this via a Co-operative conveyancing panel firm.
I used Arc property Solicitors several years past for my conveyancing in Biggin Hill. Now, I need my documents but the law firm has closed. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Biggin Hill of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Biggin Hill is the location of the property. What do you suggest?
Flying freeholds in Biggin Hill are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Biggin Hill you would need to get your solicitor to go through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Biggin Hill may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
What are my options where I am dissatisfied with the lawyer who did our conveyancing in Biggin Hill?
We live in an imperfect world, and unfortunately occasionally things do go wrong. However there is recourse if you were not happy with your conveyancing in Biggin Hill. This varies from trying to resolve matters directly with them, through to reporting a lawyer to their governing body. If you remain dissatisfied you may consider enlisting the help of the Legal Ombudsman.