Last June we completed a house move in Northumberland. We have noticed several problems with the property which we suspect were missed in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Northumberland?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Northumberland. Conveyancing searches and due diligence 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 form referred to as a Seller’s Property Information Form. If the information is incorrect, you may have a misrepresentation 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 Northumberland.
Why do I have to pay up front when it comes to conveyancing in Northumberland?
Where you are retaining lawyers for conveyancing in Northumberland your lawyer will ask you place them with monies to cover the search fees. Normally this is needed to cover the fees of the Local Authority Search. If any down payment is payable against the purchase price then this should be required immediately ahead of contracts are exchanged. The closing balance that is needed will be payable a couple of days prior to the day of completion.
I happen to be the only recipient of my late mum's estate with all property in now in my sole name, including the house in Northumberland. Conveyancing formalities meant that the Land Registry date was in July. I now wish to sell up. I understand that there is a Mortgage Lenders 6 month 'rule', meaning my property ownership could be treated the same way as if I'd bought the house in July. Is the property unsalable for six months?
The CML handbook obliges conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. How sensible a view mortgage companies take of it, depend on the mortgage company as this obligation chiefly exists to identify subsales or the wholesaling and assigning of properties.
Are all Northumberland Conveyancing Quality Solicitors on the Clydesdale conveyancing panel?
Some major lenders now use the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. CQS membership however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of firms.
After weeks of negotiation I have agreed a price on an apartment in Northumberland. My mortgage broker pressured me to appoint their lawyer. I paid an advanced payment of £200. A few days later, the lawyer contacted me embarrassingly acknowledging that they were not on the Principality 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 Principality 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.
I have been told that property searches are a common reason for stalling in Northumberland conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) released determinations of a review by MoveWithUs that conveyancing searches do not feature amongst the common causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of delay in conveyancing in Northumberland.
Have completed on a a detached house in Northumberland , how long should it take for the Land Registry to record the transfer to my name? My Northumberland conveyancing solicitor works at snail pace, so I want to be certain the registration formalities are concluded.
There is nothing unique about conveyancing in Northumberland registration formalities. Rather than based on location, timeframes can differ according to the party submitting the application, whether it is in order and whether the Land registry must send notices to any 3rd parties. As of today roughly three quarters of submission are completed within 12 days but some can be subject to protracted delays. Registration is effected after the buyer has moved in to the premises so an expedited registration is not usually top priority yet if it is urgent that the the registration takes place urgently then you or your conveyancer must communicate with the Registry to express the reasoning for the application to be prioritised.
How does one remove a deceased person's details from the title deeds for a house in Northumberland?
Where a Northumberland property is co-owned and one of the proprietors dies, the name will not automatically be removed from the Land Registry title. You are not required to amend the title as when it comes to a sale you would just be asked to evidence why the other owner is not a party to the conveyance, normally this takes the form of a grant of probate.
With a view to making things simpler in the future you can apply to have the deceased party erased from the title entries by applying to HM Land Registry with evidence of the death. There is no charge from the Registry for this service.