My partner and I have just purchased a property in Clifton. We have since encountered a number of issues with the house which we suspect were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Clifton?
The query is not clear as what problems have arisen and if they are specific to conveyancing in Clifton. Conveyancing searches and investigations initiated during the legal transfer of property are designed to help avoid problems. As part of the process, a seller answers a questionnaire referred to as a SPIF. answers provided is misleading, 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 Clifton.
We are close to exchanging contracts on the sale of our home in Clifton and the buyers lawyers are claiming that there is a risk of it being built on contaminated land. Any local conveyancer would know that there is no such problem. It does beg the question why the buyers instructed a web based conveyancing practice rather than a conveyancing solicitor in Clifton. Having lived in Clifton for 4 years we know that this is a non issue. Do we get in touch with our local Authority to obtain confirmation need.
It sounds as though you may have a conveyancing firm currently acting for you. What do they say? You need to enquire of 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 ailment)
3 months have gone by following my purchase conveyancing in Clifton concluded. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
Due to the encouragement of my in-laws I had a survey completed on a house in Clifton ahead of instructing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor has said that some lenders may refuse to give a mortgage on this type of house.
It depends who your proposed lender is. Lloyds has different instructions from Halifax. Should you wish to telephone us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Clifton. Conveyancing may be slightly more expensive based on your lender's requirements.
Am I right to be wary by brokers that I am dealing with are recommending an internet conveyancing firm as opposed to a High Street Clifton conveyancing company?
As is the case with many service providers, often input from relatives can be worth their weight in gold. Yet there are lots of players in a conveyancing transaction; estate agents, financial adviser and lenders might all suggest solicitors to retain. On occasion the lawyers might be known to one of the organisations as being good in their field, but sometimes there exists a financial incentive behind the recommendation. You are free to choose your own lawyer. Don't forget that the majority of lenders specify a panel list of lawyers you must use for the mortgage related work in your conveyancing.
Estate agents have just been given the go-ahead to market my garden apartment in Clifton. Conveyancing has not commenced, however I have just had a half-yearly service charge demand – should I leave it to the buyer to sort out?
It best that you pay the service charge as you normally would given that all rents and service charges should be allotted as part of the financial calculations for completion monies, 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. Having a clear account will assist your cause and will leave you no worse off financially.
Leasehold Conveyancing in Clifton - Sample of Queries Prior to buying
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On the whole the outlay for major works are not included within service charges, although some managing agents in Clifton obliged tenants to pay into a reserve fund created for the specific purpose of building a fund for major repairs or maintenance. You should be aware if it is less than eighty years it will affect the salability of the apartment. It is worth checking with your lender that they are happy with remaining years on the lease. A short lease means that you will most likely have to extend the lease at some point and it is worth finding out what this would cost. For most Cliftonlease extensions you will need to own the premises for 24 months before you are eligible to extend the lease. Please inform me if there are any major works anticipated that will increase the maintenance charges?