Last November we completed a house move in Sawston. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Sawston?
The question is vague as what problems have arisen and if they are specific to conveyancing in Sawston. Conveyancing searches and due diligence initiated as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, the vendor completes a questionnaire referred to as a Seller’s Property Information Form. If the information provided is inaccurate, you may have a misrepresentation claim against the owner 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 Sawston.
Are there restrictive covenants that are commonly picked up during conveyancing in Sawston?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Sawston. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I decided to have a survey completed on a house in Sawston ahead of appointing solicitors. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some banks may refuse to issue a mortgage on this type of premises.
It depends who your proposed lender is. Santander has different requirements for example to Nationwide. Should you wish to telephone us we can look into this further via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Sawston. Conveyancing will be smoother if you use a solicitor in Sawston especially if they regularly deal with such properties in Sawston.
I have been sourcing a conveyancing lawyer in Sawston for my house move. Can I check a solicitor's complaints history with the profession’s regulator?
One can see documented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The SRA could recorded call for training reasons.
I am a negotiator for a reputable estate agency in Sawston where we see a few flat sales put at risk due to short leases. I have received inconsistent advice from local Sawston conveyancing firms. Please can you clarify whether the seller of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.
Alternatively, it may be possible to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Sawston Conveyancing for Leasehold Flats - A selection of Questions you should ask before Purchasing
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What prohibitions are contained in the Sawston Lease? Please tell me if there are any major works in the near future that will likely add a premium to the service charges? Is there a share of the freehold?
I am contemplating choosing a web based lawyer rather than a Sawston conveyancing firm. Should I ‘stay local’?
There are advantages of being able to pop in to a local Sawston conveyancing solicitor for instance
- signing papers same day
- getting face-to-face explanations of matters that you need help with
- the ability to complain if matters need to addressed
When checking quotes, look carefully for hidden extras. Most decent Sawston high street solicitors give an all-inclusive figure. Many online agents seem to offer discounted prices, but have hidden 'extras' in the small print.