My brother and I have just bought a house in Newbury. We have since encountered a number of problems with the property which we consider were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Newbury?
The question is not clear as what problems have arisen and if they are specific to conveyancing in Newbury. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, the vendor answers a form called a Seller’s Property Information Form. If the information proves to be inaccurate, 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 Newbury.
My father pointed out to me me that in buying a property in Newbury there may be various restrictions prohibiting external changes to a property. Is this right?
There are anumerous of properties in Newbury which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Newbury should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I have today made my last payment due on my mortgage with Santander. I assume I don't need a Newbury solicitor on the Santander panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Santander mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Santander mortgage from the register. Santander, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Santander has sent the Land Registry the discharge electronically, and
- Santander has instructed the Land Registry to do so
The formalities of my remortgage has taken place for my property in Newbury. Conveyancing was of an acceptable standard but I would like to complain about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Department at head office. In most cases complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
Should my lawyer be raising questions concerning flooding as part of the conveyancing in Newbury.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Newbury. Some people will acquire a property in Newbury, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or sell the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Conveyancers are not qualified to impart advice on flood risk, but there are a number of checks that may be initiated by the purchaser or by their lawyers which should figure out the risks in Newbury. The standard information sent to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a usual question of the seller to find out whether the property has suffered from flooding. If flooding has previously occurred and is not revealed by the seller, then a purchaser could bring a claim for damages as a result of such an misleading reply. A purchaser’s solicitors will also conduct an enviro report. This will reveal whether there is any known flood risk. If so, additional investigations will need to be carried out.
I used Arc property Solicitors several years past for my conveyancing in Newbury. I now require my file but cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracking down 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 Newbury of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Taking into account that I am about to spend hundreds of thousands of pounds on a house in Newbury I wish to talk to a solicitor about myhome move in advance of instructing the firm. Is this something that you can arrange?
Absolutely - we would be pleased to talk to you we do not take any clients on without you first talking to the conveyancer who will be doing your conveyancing in Newbury.There is no ‘factory style conveyancing’ - every client is an important person, not a file reference. The solicitors that we put you in touch with believe that the fees you are quoted for residential conveyancing in Newbury should be the amount on the final invoice that you end up paying.
I am due to consider costs for conveyancing in Newbury from various conveyancer and decide on one. Do I get them to sit tight until I a suitable house to buy.
You should wait to ask your lawyer to commence work and submit searches once the sales memo has been issued by the selling agent particularly as Newbury conveyancing searches are not inexpensive.