My wife and I have lately bought a house in Dartmouth. We have noticed several problems with the house which we suspect were overlooked in the conveyancing searches. What action can we take? Can you clarify the type of searches that needed to have been ordered for conveyancing in Dartmouth?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Dartmouth. Conveyancing searches and due diligence initiated during the buying process are designed to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire known as a SPIF. answers provided is misleading, you could possibly take legal action 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 Dartmouth.
Will my solicitor be asking questions regarding flooding during the conveyancing in Dartmouth.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Dartmouth. Some people will buy a house in Dartmouth, fully aware that at some time, it may be flooded. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Conveyancers are not best placed to give advice on flood risk, but there are a number of checks that can be carried out by the buyer or on a buyer’s behalf which can figure out the risks in Dartmouth. The standard completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the vendor to discover if the property has ever been flooded. In the event that flooding has previously occurred which is not disclosed by the vendor, then a buyer could commence a claim for damages resulting from an inaccurate answer. The buyer’s lawyers will also commission an environmental search. This should reveal if there is a recorded flood risk. If so, further inquiries will need to be initiated.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Dartmouth?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Dartmouth. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Dartmouth differ for newly converted properties?
Most buyers of new build property in Dartmouth come to us having been asked by the developer to exchange contracts and commit to the purchase even before the premises is ready to move into. This is because builders in Dartmouth usually acquire the site, 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 used to new build conveyancing in Dartmouth or who has acted in the same development.
I am looking for a leasehold apartment up to £235,500 and found one near me in Dartmouth I like with amenity areas and station in the vicinity, the downside is that it only has 52 remaining years left on the lease. There is not much else in Dartmouth in this price bracket, so just wondered if I would be making a mistake buying a lease with such few years left?
If you need a home loan the shortness of the lease will likely be an issue. Discount the offer by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of twenty four months you may ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this matter.
I'm selling a bungalow in Dartmouth. I can find my conveyancer's company on the Law Society's list, but I can't locate my lawyer's name on the list. Is this a big problem?
Not every individual in the company must be listed by the regulator. Provided there is a manager qualified to 'oversee' the transaction, the actual day-to-day activity can be conducted by unqualified staff.