Last July we completed a house move in Crewe. We have since encountered a number of problems with the house which we consider were missed in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that should have been conducted for conveyancing in Crewe?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Crewe. Conveyancing searches and due diligence initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a property owner answers a document known as a Seller’s Property Information Form. If the information proves to be inaccurate, you could possibly take legal action 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 Crewe.
A relative pointed out to me me that in buying a property in Crewe there could be various restrictions affecting the ability to carry out external changes to the property. Is this right?
There are anumerous of properties in Crewe which have some sort of restriction or requirement of consent to perform external variations. Part of the conveyancing in Crewe should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
It is unclear whether my bank requires a lease extension. I have called into my local Crewe bank branch on a couple of occasions and was told they are content with the situation and they would lend. My Crewe conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
The conveyancer has to comply with the Council of Mortgage Lenders’ Handbook section two requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I recently had an offer accepted on an apartment in Crewe. My financial adviser recommended their conveyancers. I paid an on account payment of £200. A few days later, the property lawyer contacted me to say that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have recentlybeen informed that Stirling Law have closed. They carried out my conveyancing in Crewe for a purchase of a leasehold apartment 18 months ago. How can I establish that my home is not still registered in the name of the previous owner?
The easiest method to check if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Crewe conveyancing specialists.
I am buying a new build apartment in Crewe. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Crewe
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Please supply a car parking plan. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
I opted to have a survey completed on a property in Crewe prior to retaining lawyers. I have been informed that there is a flying freehold aspect to the property. Our surveyor has said that some mortgage companies may not issue a mortgage on such a house.
It depends who your proposed lender is. Bank of Scotland has different instructions for example to Nationwide. Should you wish to call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Crewe. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Crewe to see if the conveyancing costs will increase in light of this.
I work for a reputable estate agent office in Crewe where we have experienced a number of flat sales put at risk due to leases having less than 80 years remaining. I have been given inconsistent advice from local Crewe conveyancing firms. Could you shed some light as to whether the seller of a flat can start the lease extension formalities for the purchaser on completion of the sale?
As long as 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 need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, 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 buyer.
Crewe Leasehold Conveyancing - A selection of Queries before Purchasing
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It would be wise to discover as much as possible about the managing agents as they will impact your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to daily issues such as the upkeep of the common parts. Ask other tenants what they think of them. In conclusion, investigate as to the dates that the service fees are due to the managing agents and precisely what it includes. Is there a share of the freehold?