My partner and I have just purchased a property in Edith Weston. We have since encountered a number of issues with the house which we suspect were omitted in the conveyancing searches. What action can we take? What searches should? have been conducted for conveyancing in Edith Weston?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Edith Weston. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the process, the vendor fills in a questionnaire referred to as a SPIF. answers ends up being incorrect, then you may have a 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 Edith Weston.
Having sold my house in Edith Weston last April but our buyer keeps calling daily to moan that their solicitor is waiting to hear from mine. What are the post completion sale legalities following completion?
After completion of your disposal your conveyancer is committed to send the transfer documentation and all of the paperwork to the purchaser's lawyers. Depending on the transaction, your lawyer should also send confirmation that the home loan has been repaid to the purchasers solicitors. There is unlikely to be post completion tasks unique to conveyancing in Edith Weston.
Can you clarify what the consequences are if my solicitor is removed from the TSB Conveyancing panel ahead of completing my conveyancing in Edith Weston?
First, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
My solicitor has informed me that lack of right of way insurance is required on my purchase. What is the typical level of cover needed for conveyancing in Edith Weston?
The right level of lack of right of way indemnity insurance depends on who your lender is. It would differ for example between Santander and Chelsea Building Society. Conveyancing solicitors as opposed to borrowers take out such insurances.
We expect to receive a OIP from Barclays this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Barclays recommend any Edith Weston solicitors on the Barclays conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Edith Weston solicitors independently although you'll need to choose one on the Barclays conveyancing panel. The solicitor represents both you and Barclays through the process.
I am selling my flat. I had a double glazing fitted in July 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, UBS are being difficult. The Edith Weston solicitor who is on the UBS conveyancing panel is saying indemnity insurance will be fine but UBS are requiring a building regulation certificate. Why do UBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that UBS have referred the matter to their valuer. The reason why UBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have been told that property searches are the main cause of stalling in Edith Weston conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances during the legal transfer of property. Searches are not likely to be the root cause of holding up conveyancing in Edith Weston.
Am I better off to appoint a Edith Weston conveyancing solicitor in close proximity to the house I am hoping to buy? An old friend can carry out the conveyancing but his firm is located 400kilometers drive away.
The benefit of a high street Edith Weston conveyancing firm is that you can pop in to sign paperwork, present your ID and apply pressure on them if necessary. Having local Edith Weston know how is a plus. That being said nothing is more important than finding someone that will do a good and efficient job. If other friends have used your friend and on the whole were impressed that should outweigh using an unfamiliar Edith Weston conveyancing solicitor just because they are based in the area.