My wife and I have lately bought a property in Hermitage. We have noticed several issues 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 conducted as part of conveyancing in Hermitage?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Hermitage. Conveyancing searches and due diligence initiated during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner fills in a form known as a Seller’s Property Information Form. If the information is misleading, then you may have a claim against the vendor 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 Hermitage.
My lawyer in Hermitage has never been on on the The Royal Bank of Scotland Approved Panel. Is it possible for me to continue with my family solicitor even though they are excluded from the The Royal Bank of Scotland list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing Hermitage solicitors but The Royal Bank of Scotland will need to use a conveyancer on their panel. This will inevitably rack up the overall conveyancing fees and result in delays.
- Find a new lawyer to act in the conveyancing, not forgetting to check they are Convince your solicitor to use their best endeavours to join the The Royal Bank of Scotland conveyancing panel
I used Stirling Law a few years past for my conveyancing in Hermitage. I now require my papers however cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hermitage of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am buying a new build house in Hermitage with the aid of help to buy. The developers refused to move on the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative suggested that I not inform my lawyer about this side-deal as it may impact my loan with the bank. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the advice of my in-laws I had a survey completed on a house in Hermitage before appointing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some banks will refuse to grant a loan on this type of property.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. Should you wish to call us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hermitage. Conveyancing will be smoother if you use a solicitor in Hermitage especially if they regularly deal with such properties in Hermitage.
All being well we will complete our sale of a £250,000 garden flat in Hermitage in just under a week. The managing agents has quoted £396 for Certificate of Compliance, insurance certificate and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Hermitage?
Hermitage conveyancing on leasehold flats normally necessitates the buyer’s lawyer submitting questions for the landlord to answer. Although the landlord is not legally bound to respond to these enquiries the majority will be content to do so. They are at liberty to levy a reasonable administration fee for responding to questions or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some situations it is in excess of £800. The management information fee invoiced by the landlord must be accompanied by a summary of entitlements and obligations in relation to administration charges, without which the invoice is not strictly payable. Reality however dictates that one has little choice but to pay whatever is demanded if you want to exchange contracts with the buyer.
I invested in buying a basement flat in Hermitage, conveyancing formalities finalised 9 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent properties in Hermitage with an extended lease are worth £176,000. The ground rent is £50 invoiced every year. The lease comes to an end on 21st October 2075
You have 50 years left to run the likely cost is going to range between £31,400 and £36,200 plus legals.
The suggested premium range above a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of detailed due diligence. You should not use the figures in tribunal or court proceedings. There are no doubt other issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you move forward placing reliance on this information before seeking the advice of a professional.