Last June we completed a house move in Maryland. We have noticed several problems with the house which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been conducted as part of conveyancing in Maryland?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Maryland. Conveyancing searches and investigations initiated during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a document known as a Seller’s Property Information Form. answers provided is misleading, you could possibly take legal action 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 Maryland.
Do lawyers request an advanced payment for my conveyancing in Maryland?
If you are buying a property in Maryland your lawyer will ask you to provide them with funds to cover the search fees. This will be the total of the cost of the conveyancing searches. If any down payment is payable against the purchase price then this should be asked for shortly ahead of exchange of contracts. The final balance that is due should be transferred shortly before completion.
The Maryland conveyancing firm that just started acting on my purchase in Maryland have without warning closed. I chose them because I had to have a lawyer on the HSBC conveyancing panel and my preferred Maryland lawyer was not. I gave my credit card details for them to take one hundred and fifty pounds for searches. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the HSBC conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors may be able to help.
Do I need to take out insurance to address the risk of chancel repairs when acquiring a residence in Maryland?
Unless a previous purchase of the house took place post 12 October 2013 you may take it that conveyancing practitioners delivering conveyancing in Maryland to continue to propose a a chancel search and or insurance against a claim.
How does conveyancing in Maryland differ for newly converted properties?
Most buyers of new build property in Maryland approach us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is finished. This is because house builders in Maryland tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Maryland or who has acted in the same development.
Taking into account that I am about to spend £400,000 on a property in Maryland I would like to have a conversation with the solicitor concerning thetransaction prior to appointing the firm. Is this something that you can arrange?
We could not agree more - we would be delighted to talk to you we do not take any clients on without you liaising with the solicitor due to be doing your property ownership legalities in Maryland.There is no ‘factory style conveyancing’ - each client is an important individual, not a file reference. The practices that we put you in touch with believe that the fees you are provided with for your conveyancing in Maryland should be the amount on the final invoice that you end up paying.