My wife and I have just bought a house in Sandringham. We have since encountered a number of issues with the house which we consider were omitted in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Sandringham?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Sandringham. Conveyancing searches and investigations undertaken as part of the legal transfer of property are supposed to help avoid problems. As part of the process, the vendor answers a document called a SPIF. If the information proves to be misleading, 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 Sandringham.
How does conveyancing in Sandringham differ for new build properties?
Most buyers of new build property in Sandringham contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is finished. This is because developers in Sandringham typically acquire 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 conveyancers 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 accustomed to new build conveyancing in Sandringham or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a house in Sandringham before appointing solicitors. I have been told that there is a flying freehold element to the house. My surveyor has said that some mortgage companies may refuse to grant a loan on such a premises.
It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Sandringham. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Sandringham to see if the conveyancing will be more expensive.
How does the Landlord & Tenant Act 1954 affect my commercial premises in Sandringham and how can your lawyers assist?
The 1954 Act affords a safeguard to commercial tenants, granting the a statutory right to make a request to court for a continuation of occupancy when the lease reaches an end. There are limited grounds that a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Sandringham is one of our many locations in which our lawyers have offices
In relation to leasehold conveyancing in Sandringham what are the most frequent lease problems?
There is nothing unique about leasehold conveyancing in Sandringham. All leases are individual and legal mistakes in the legal wording can sometimes mean that certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:
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Service charge per centages that don't add up correctly leaving a shortfall A duty to insure the building
A defective lease can cause problems when trying to sell a property primarily because it impacts on the ability to obtain a mortgage on the property. Yorkshire Building Society, Barnsley Building Society, and Godiva Mortgages Ltd all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the buyer to pull out.
Leasehold Conveyancing in Sandringham - A selection of Questions you should ask before buying
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Most Sandringham leasehold flats will be liable to pay a service bill for the upkeep of the block invoiced by the landlord. Where you purchase the property you will have to pay this amount, usually periodically throughout the year. This may vary from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a ground rent to be met annual, this is usually not a large sum, say approximately £25-£75 but you should to enquire it because on occasion it can be many hundreds of pounds. Does the lease include onerous restrictions? Is anyone aware of any major works anticipated that will add a premium to the service fees?
My partner and I hope to acquire our 1st house in Sandringham. Conveyancing solicitor already appointed. The financial consultant advised that a survey is not needed as the property was only constructed in 2001.
You would be best advised to take a Home Buyer's Report. As the premises is over 10 years old the property will not benefit from a warranty, so you don't want to take a risk. For a property that age with no signs of problems a Home Buyer's report could be enough. They will highlight any apparent problems and recommend further investigation if relevant. If there are any indications of problems obtain a comprehensive Building Survey from the beginning.