Last February we completed a house move in Highcliffe. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been ordered as part of conveyancing in Highcliffe?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Highcliffe. Conveyancing searches and investigations initiated during the buying process are carried out to help avoid problems. As part of the legal transfer of property, a seller completes a questionnaire known as a Seller’s Property Information Form. answers provided is incorrect, you may have a misrepresentation 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 Highcliffe.
I am assisting my aunt sell her house in Highcliffe. Does the conveyancing solicitor arrange the EPC or it is for me to see to?
Following the demise of HIPs, energy assessments remained a compulsory element of moving house. An energy performance certificate should be commissioned in advance of the property being advertised. This is not a task that lawyers normally organise. Where you are using a Highcliffe conveyancing solicitor they may be willing to arrange EPC’s due to their contacts with reputable local assessors
We had selected solicitors located in Highcliffe on the Santander solicitor approved list. They are now charging me a further amount for the legal aspects of the Santander mortgage. Is this an additional conveyancing fee set by Santander?
Unfortunately, so long as it is in their Terms of Engagement or estimate then yes your property lawyer is entitled to levy a fee for this. This charge is not set by Santander but by your Highcliffe conveyancer. Some firms on the Santander panel will levy an ‘acting for lender’ fee but some practices incorporate it on their overall fee.
I have decided to exercise my right to buy my property in Highcliffe off the council. I have a mortgage agreed with RBS. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
Will our lawyer be raising questions regarding flooding during the conveyancing in Highcliffe.
The risk of flooding is if increasing concern for conveyancers carrying out conveyancing in Highcliffe. There are those who purchase a house in Highcliffe, completely expectant that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Conveyancers are not qualified to offer advice on flood risk, however there are a numerous searches that may be carried out by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Highcliffe. The standard information sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the seller to discover if the property has historically flooded. In the event that the residence has been flooded in past and is not notified by the vendor, then a purchaser may commence a legal claim for losses resulting from an misleading answer. A purchaser’s lawyers will also commission an environmental search. This should disclose whether there is a recorded flood risk. If so, additional investigations will need to be carried out.
In what way does the Landlord & Tenant Act 1954 impact my commercial premises in Highcliffe and how can your lawyers assist?
The particular law that you refer to provides security of tenure to business tenants, giving them the right to make a request to court for a continuation of occupancy when the lease comes to an end. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing practices who use the act to your advantage and assist with commercial conveyancing in Highcliffe
My brother has suggested that I use his conveyancers in Highcliffe. Do I follow his guidance?
There are no two ways about it the best way to choose a conveyancing practitioner is to seek feedback from friends or family who have actually experience in using the firm that you are considering.
What makes a Highcliffe lease unacceptable for security purposes?
There is nothing unique about leasehold conveyancing in Highcliffe. Most leases are individual and drafting errors can sometimes mean that certain clauses are not included. For example, if your lease is missing any of the following, it could be defective:
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A duty to insure the building
A defective lease can cause issues when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Accord Mortgages Ltd, Coventry Building Society, and Britannia all have very detailed conveyancing instructions when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to provide security, forcing the purchaser to withdraw.
Leasehold Conveyancing in Highcliffe - Sample of Questions you should consider Prior to buying
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You should be aware if it is less than eighty years it will impact the value of the apartment. It is worth checking with your mortgage company that they are happy with remaining years on the lease. A short lease means that you will almost definitely have to extend the lease at some point and you need to have some idea of how much this would cost. Remember, in most cases you would be be obliged to have owned the residence for a couple of years in order to be legally able to extend the lease. Make sure you investigate if the the lease includes any unreasonable restrictions in the lease. For example some leases prohibit pets being allowed in certain buildings in Highcliffe. If you like the apartmentin Highcliffe however your cat can’t move with you then you will be presented with a hard determination. What is the length of the lease?