My partner and I have just acquired a house in Highgate. We have since encountered a number of problems with the house which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Highgate?
The question is vague as what problems have arisen and if they are specific to conveyancing in Highgate. Conveyancing searches and due diligence initiated as part of the buying process are designed to help avoid problems. As part of the process, a seller completes a document referred to 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 Highgate.
We are purchasing a property and require a conveyancing solicitor in Highgate who is on the Yorkshire BS approved panel. Could you point me in the right direction as regards a conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Yorkshire BS . We don't recommend any particular firms conducting conveyancing in Highgate.
A colleague pointed out to me me that in buying a property in Highgate there may be various restrictions limiting what one can do in terms of external alterations to the property. Is this right?
We are aware of a number of properties in Highgate which have some sort of restriction or requirement of consent to execute external variations. Part of the conveyancing in Highgate should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called into my local Highgate bank branch on a couple of occasions and was told it wasn't an issue and they will lend. My Highgate conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
The conveyancing practitioner has to follow the Council of Mortgage Lenders’ Handbook Part 2 conditions for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
After weeks of negotiation I have agreed a price on a house in Highgate. My mortgage broker pressured me to appoint their solicitor. I paid an upfront payment of £225. A few days later, the lawyer contacted me to say that they were not on the Skipton conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Skipton panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Should my lawyer be raising enquiries concerning flooding as part of the conveyancing in Highgate.
Flooding is a growing risk for lawyers dealing with homes in Highgate. Some people will acquire a property in Highgate, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not best placed to give advice on flood risk, however there are a various searches that can be undertaken by the purchaser or on a buyer’s behalf which will give them a better understanding of the risks in Highgate. The conventional set of completed inquiry forms supplied to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a usual question of the owner to find out whether the premises has suffered from flooding. In the event that the residence has been flooded in past and is not revealed by the vendor, then a buyer could commence a compensation claim stemming from an inaccurate reply. A buyer’s lawyers may also commission an enviro search. This will higlight if there is a recorded flood risk. If so, additional investigations will need to be conducted.
I have justbecome aware that Action Conveyancing have closed. They conducted my conveyancing in Highgate for a purchase of a leasehold flat 12 months ago. How can I be sure that the property is not still registered in the name of the previous owner?
The quickest method to check if the property is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Highgate conveyancing specialists.
I'm buying a new build house in Highgate with the aid of help to buy. The builders refused to budge the price so I negotiated £7000 of fixtures and fittings instead. The estate agent told me not disclose to my solicitor about this side-deal as it may adversely affect my loan with Yorkshire Building Society. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer 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.