My wife and I have recently bought a property in Coombe Warren. We have since encountered a number of problems with the property which we consider were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that should have been carried out for conveyancing in Coombe Warren?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Coombe Warren. Conveyancing searches and due diligence initiated as part of the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller fills in a questionnaire called a SPIF. answers is inaccurate, 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 Coombe Warren.
The Coombe Warren conveyancing solicitors that just started acting on my purchase in Coombe Warren have without warning closed. I only went with them because I needed a firm on the Nationwide conveyancing panel and my preferred Coombe Warren lawyer was not. I gave my credit card details for them to take £195 for searches. What are my options?
If you have an estate agent involved then inform them straight away so that they can let the sellers know that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Nationwide conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to assist.
Should our lawyer be making enquiries about flooding as part of the conveyancing in Coombe Warren.
Flooding is a growing risk for conveyancers dealing with homes in Coombe Warren. Some people will buy a property in Coombe Warren, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, however there are a number of searches that may be undertaken by the purchaser or by their conveyancers which can figure out the risks in Coombe Warren. The conventional set of completed inquiry forms supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the vendor to discover whether the premises has ever been flooded. If the residence has been flooded in past and is not disclosed by the vendor, then a purchaser may issue a compensation claim as a result of such an misleading answer. The purchaser’s lawyers may also conduct an enviro report. This will indicate whether there is a recorded flood risk. If so, more detailed investigations should be carried out.
I opted to have a survey done on a house in Coombe Warren prior to instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. My surveyor has said that some lenders will not give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. Should you wish to call us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Coombe Warren. Conveyancing may be slightly more expensive based on your lender's requirements.
I have been sourcing a conveyancing solicitor in Coombe Warren for my sale. Is there any facility to check a firm’s complaints history with the legal regulator?
One can see published Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The SRA could monitor call for training requirements.
I am the leaseholder of a a ground floor purpose built flat in Coombe Warren. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal make a decision on the sum due for a lease extension?
Where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the LVT to determine the price.
An example of a Freehold Enfranchisement matter before the tribunal for a Coombe Warren property is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case affected 4 flats. The unexpired term was 98 years.
Are there common deficiencies that you encounter in leases for Coombe Warren properties?
There is nothing unique about leasehold conveyancing in Coombe Warren. All leases are unique and drafting errors can result in certain sections are missing. The following missing provisions could result in a defective lease:
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A provision to repair to or maintain elements of the property
A defective lease will likely cause problems when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Barclays , Barnsley Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease is defective they may refuse to provide security, obliging the buyer to withdraw.