Last March we completed a house move in Bitterne. We have noticed several issues with the house which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been carried out as part of conveyancing in Bitterne?
The question is vague as to the nature of the problems and if they are unique to conveyancing in Bitterne. Conveyancing searches and investigations undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a document known as a Seller’s Property Information Form. answers proves to be misleading, you may have a misrepresentation 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 Bitterne.
What does my ID and proof of funds have anything to do with my conveyancing in Bitterne? What am I being asked for?
Bitterne conveyancing solicitors as well as nationwide property practitioners throughout the UK have an obligation under Anti-terror and anti-money-laundering rules to check the identity of any client in order to ensure that clients are who they say they are.
Conveyancing clients will need to produce two forms of certified ID; proof of ID (usually a Passport or Driving Licence) and proof of address (typically a Bank Statement no older than three months).
Evidence of source of funds is also necessary in accordance with the money laundering statutes as lawyers have a duty to ensure that the monies you are utilising to buy a property (whether it be the deposit for exchange or the total purchase monies where you are buying mortgage free) has come from legitimate source (such as employment savings) as opposed to the product of criminal behaviour.
My partner and I are close to exchanging contracts on the sale of our home in Bitterne and according to the buyers it appears that there is a possibility that the property was constructed on contaminated land. A local lawyer would know this is not the case. For the life of me I don't know why the purchasers are using a nationwide conveyancing outfit as opposed to a conveyancing solicitor in Bitterne. We have lived in Bitterne for 4 years we know that this is a non issue. Do we contact our local Authority to obtain confirmation that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. 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 life insurance to cover that same sickness)
How does conveyancing in Bitterne differ for new build properties?
Most buyers of new build property in Bitterne come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is finished. This is because developers in Bitterne typically purchase the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Bitterne or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Bitterne ahead of appointing conveyancers. I have been told that there is a flying freehold element to the property. The surveyor advised that some lenders will refuse to issue a mortgage on such a house.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Birmingham Midshires. Should you wish to telephone us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Bitterne. Conveyancing may be slightly more expensive based on your lender's requirements.
Harry (my fiance) and I may need to rent out our Bitterne basement flat for a while due to a career opportunity. We used a Bitterne conveyancing practice in 2002 but they have since shut and we did not have the foresight to get any guidance as to whether the lease allows us to sublet. How do we find out?
The lease dictates the relationship between the landlord and you the leaseholder; in particular, it will indicate if subletting is prohibited, or permitted but only subject to certain conditions. The accepted inference is that if the lease contains no expres ban or restriction, subletting is allowed. The majority of leases in Bitterne do not contain subletting altogether – such a clause would undoubtedly devalue the flat. In most cases there is simply a requirement that the owner notifies the freeholder, possibly supplying a duplicate of the tenancy agreement.
Bitterne Leasehold Conveyancing - A selection of Queries Prior to Purchasing
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What is the name of the managing agents? Are any of leasehold owners in dispute over their service charge liability?