My wife and I have just purchased a house in Boston. We have noticed several issues with the house which we suspect were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been ordered for conveyancing in Boston?
The question is vague as to the nature of the problems and if they are specific to conveyancing in Boston. Conveyancing searches and due diligence initiated as part of the legal transfer of property are designed to help avoid problems. As part of the process, a seller completes a questionnaire called a SPIF. If the information provided is incorrect, you may have a misrepresentation claim 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 Boston.
Various internet forums that I have visited warn that are the number one cause of obstruction in Boston house deals. Is this right?
The Council of Property Search Organisations (CoPSO) published conclusions of a review by MoveWithUs that conveyancing searches do not feature within the most frequent causes of delays during the legal transfer of property. Searches are unlikely to be the root cause of delay in conveyancing in Boston.
The deeds to our home are lost. The lawyers who did the conveyancing in Boston 4 years ago are no longer around. What do I do?
You no longer need to hold title official documentation to evidence that you own the land or property, given that the Land Registry hold details of all registered land or property electronically.
Due to the guidance of my in-laws I had a survey completed on a house in Boston in advance of appointing conveyancers. I have been advised that there is a flying freehold element to the house. The surveyor advised that some mortgage companies tend not issue a loan on a flying freehold home.
It depends who your proposed lender is. Santander has different instructions for example to Halifax. Should you wish to call us we can check 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 Boston. Conveyancing may be slightly more expensive based on your lender's requirements.
I have been recommended by two or three local estate agents in Boston to choose a conveyancer using your seach tool. Is there a financial upside for Estate Agents to recommend your services over another?
We refuse to make any commission for sending work our way. We found it would be just too difficult to pay a commission because members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
I am a negotiator for a busy estate agency in Boston where we have experienced a number of flat sales derailed as a result of short leases. I have received conflicting advice from local Boston conveyancing firms. Please can you confirm whether the seller of a flat can instigate the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or simultaneously with completion of the sale.
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.
Boston Conveyancing for Leasehold Flats - Sample of Questions you should consider before buying
-
The answer will be important as a) areas can cause problems for the building as the communal areas may start to deteriorate if services are not paid for b) if the leaseholders have an issue with the managing agents you will wish to know about it It would be wise to discover as much as you can about the managing agents as they will impact your use and enjoyment of the property. As the proprietor of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to every day matters such as the cleanliness of the common parts. Don't be afraid to ask other tenants what they think of them. On a final note, investigate as to the dates that you are obliged pay the maintenance charge to the relevant party and specifically what you get for your money. Does the lease have onerous restrictions?