My brother and I have recently acquired a property in Pencoed. We have since encountered a number of issues with the property which we consider were missed in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been conducted as part of conveyancing in Pencoed?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Pencoed. Conveyancing searches and due diligence undertaken during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, a property owner completes a document referred to as a Seller’s Property Information Form. answers ends up being inaccurate, 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 Pencoed.
My property lawyer in Pencoed has never been on on the HSBC Bank Approved Panel. Can I still use my prefered solicitor even though they are excluded from the HSBC Bank panel?
Your options are as follows:
- Carry on with your preferred Pencoed solicitors but HSBC Bank will need to retain a conveyancer on their panel. This will inevitably rack up the total legal charges as well as cause frustration.
- Choose a new lawyer to act in the conveyancing, remembering to check they are on the HSBC Bank panel
I happen to be the sole recipient of my late mum's estate and I have everything in my name now, including the house in Pencoed. Conveyancing formalities meant that the Land Registry date was in May. I now wish to sell up. I understand that there is a CML six month 'rule', which means that my proprietorship may be treated the same way as though I had purchased the property in May. Is the property unsalable for six months?
The CML handbook instructs 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. Some lenders would take a sensible view as this requirement chiefly exists to pick up on the purchase and immediately sell or the quick reselling of properties.
When it comes to mortgage companies such as Kent Reliance, do Pencoed solicitors face an annual charge to be on the list of approved solicitors?
We are not aware of any mortgage company fees to register on their panel, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
The formalities of my purchase has taken place for my property in Pencoed. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
My wife and I purchased a 4 bedroom Victorian house in Pencoed. Conveyancing solicitor represented me and Santander. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold with the matching property. I'd like to know for sure, how can I find out??
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Pencoed and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the situation with your conveyancing lawyer who conducted the conveyancing.
I am buying a new build flat in Pencoed. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Pencoed
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Forfeiture - bankruptcy or liquidation must not apply under this provision. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
Do I need to be wary by brokers that I am dealing with are encouraging me to use a nationwide conveyancing firm rather than a High Street Pencoed conveyancing company?
As with many professional services, often recommendations from relatives can be extremely useful or valuable. Yet there are many people with a keen interest in a conveyancing matter; estate agents, financial adviser and banks might all suggest lawyers to appoint. Sometimes these lawyers might be known to one of the organisations as being good in their field, but sometimes there is an underlying commercial relationship behind the endorsement. You are at liberty to choose your preferred lawyer. Don't forget that most lenders specify a panel list of conveyancers you are obliged to use for the lender related work in your conveyancing.