My wife and I have recently bought a house in Sandbach. We have noticed several problems with the property which we suspect were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered for conveyancing in Sandbach?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Sandbach. 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, a property owner completes a form referred to as a Seller’s Property Information Form. If the information ends up being misleading, 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 Sandbach.
I own a freehold house in Sandbach yet pay rent, why is this and what is this?
It is rare for properties in Sandbach and has limited impact for conveyancing in Sandbach but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of new rentcharges post 1977.
Old rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence after 2037 is to be dispensed with completely.
My aunt passed away 10 months ago and as sole heir and executor I was left the property in Sandbach. The house had a relatively small loan left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Coventry BS, pay off the mortgage. Is this allowed?
If you plan to refinance then Coventry BS will insist on your using a conveyancer on the Coventry BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Coventry BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Coventry BS mortgage is registered as a charge at the Land Registry.
How does conveyancing in Sandbach differ for newly converted properties?
Most buyers of new build or newly converted property in Sandbach contact us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Sandbach tend to acquire the land, 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 property lawyers 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 Sandbach or who has acted in the same development.
I have been on the look out for a flat up to £245,000 and found one close by in Sandbach I like with open areas and station nearby, the downside is that it only has 52 years on the lease. There is not much else in Sandbach in this price bracket, so just wondered if I would be making a grave error acquiring a lease with such few years left?
If you require a home loan the shortness of the lease will likely be an issue. Discount the price by the amount the lease extension will cost if it has not already been discounted. If the existing owner has owned the property for a minimum of 2 years you can ask them to commence the lease extension formalities and then assign it to you. You can add 90 years to the existing lease with a zero ground rent applied. You should speak to your conveyancing lawyer concerning this.
Given that I am about to spend over three hundred thousand on a property in Sandbach I wish to talk to a lawyer about myhome move prior to instructing the firm. Can this be arranged?
This is something that we recommend - it is our preference to talk to you we do not take any clients on without you first talking to the solicitor who will be carrying out your property ownership legalities in Sandbach.There is no ‘factory style conveyancing’ - each client is unique individual, not a case reference. The solicitors that we put you in touch with believe that the figure you are quoted for your conveyancing in Sandbach should be the figure that you are charged.