I hired a Deptford based solicitor for our conveyancing in Deptford yesterday. Reviewing the Ts and Cs I noteI am responsible for fees even where the conveyance does not complete. Would I be best advised to select an on-line conveyancing brokerage promoting no-sale-no-fee conveyancing in Deptford?
Generally there is a compromise along the lines that if "No Completion No Fee" is advertised then the conveyancing charges will generally be more expensive to cover those conveyances that do not proceed. Do bear in mind that such deals rarely protect you from outlay such your Deptford conveyancing search charges.
My wife and I have just bought a property in Deptford. We have noticed several issues with the house which we consider were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out as part of conveyancing in Deptford?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Deptford. Conveyancing searches and investigations initiated during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, the vendor completes a form known as a Seller’s Property Information Form. If the information proves to be 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 Deptford.
My Conveyancer in Deptford is not listed on the HSBC Bank Approved Panel. Can I still continue with my prefered solicitor notwithstanding that they are excluded from the HSBC Bank panel?
The limited options open to you here include:
- Carry on with your preferred Deptford solicitors but HSBC Bank will need to instruct a conveyancer on their list of acceptable firms. This will result in additional overall conveyancing charges and cause frustration.
- Find an alternative lawyer to act in the purchase, not forgetting to check they are on the HSBC Bank panel
Due to the encouragement of my in-laws I had a survey completed on a property in Deptford prior to retaining lawyers. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some mortgage companies tend refuse to issue a mortgage on a flying freehold house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you call us we can check with the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Deptford. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Deptford to see if the conveyancing will be more expensive.
I work for a busy estate agency in Deptford where we have experienced a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Deptford conveyancing solicitors. Could you confirm whether the owner of a flat can initiate the lease extension process 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 commence the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is 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 at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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.
I have had difficulty in trying to purchase the freehold in Deptford. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Most certainly. We can put you in touch with a Deptford conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Deptford premises is 41 Endwell Road in March 2013. this matter relateed to the acquisition of the freehold of a mid- terraced Victorian house converted into three separate self-contained dwellings. By an order dated 28/11/2012, Deputy District Judge Cole in the Bromley County Court held that the leaseholders were entitled to acquire the freehold and directed that the premium payable be determined by this Tribunal. The Tribunal assessed the premium to be £14,753 This case was in relation to 3 flats. The unexpired term as at the valuation date was 80.01 years.
We are contemplating using a web based conveyancing practitioner ahead of a Deptford conveyancing practice. Should I ‘stay local’?
There are advantages of having the option attend a local Deptford conveyancing solicitor for example
- signing papers same day
- getting one on one explanations of things that you need help with
- the ability to raise concerns if matters go pear-shaped
When comparing quotes, look out for hidden extras. The majority decent Deptford high street solicitors give an all-inclusive figure. Many online companies seem to offer low cost fees, yet have burried 'extras' in the small print.