Last February we completed a house move in Scotter. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. Is there anything we can do? Can you clarify the nature of searches that needed to have been conducted for conveyancing in Scotter?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in Scotter. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner completes a form called a Seller’s Property Information Form. If the information turns out to be misleading, then you may have a 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 Scotter.
My stepmother pointed out to me me that in purchasing a property in Scotter there could be various restrictions affecting the ability to carry out external alterations to a property. Is this right?
We are aware of a number of properties in Scotter which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Scotter should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am aiming to move home in August. Should my conveyancing solicitor communicate with the removal company on the completion day. Incidentally, can you suggest a removal company in Scotter. Conveyancing firm was organised before I stumbled across your site.
On the afternoon of completion you can collect the keys from the property agent however this can only take place after the sellers lawyers confirm to the agent that the monies to complete are in and the keys can be collected. Subsequently you should inform the removal men that they can start moving you in. We are not in a position to recommend a specific removal company but can assist you in locating a conveyancing in Scotter or a solicitor with expertise in conveyancing in Scotter.
Are all Scotter Conveyancing Quality Solicitors on the Clydesdale conveyancing panel?
Some major lenders now use the accreditation scheme as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for firms wishing to join their panels.
Should our solicitor be asking questions concerning flooding during the conveyancing in Scotter.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Scotter. Plenty of people will acquire a house in Scotter, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, however there are a numerous searches that can be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Scotter. The standard completed inquiry forms given to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard question of the vendor to discover if the property has suffered from flooding. In the event that flooding has previously occurred which is not notified by the seller, then a buyer could commence a compensation claim as a result of such an inaccurate answer. The buyer’s solicitors will also carry out an environmental search. This will indicate if there is a recorded flood risk. If so, further investigations should be initiated.
I am purchasing my first flat in Scotter benefiting from help to buy. The builders would not move on the price so I negotiated £7000 of fixtures and fittings instead. The house builders rep advised me not reveal to my lawyer about the side-deal as it could impact my mortgage with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My husband and I are first time buyers - agreed a price, yet the agent has warned us that the seller will only move forward if we use the agent's recommended solicitors as they need an ‘expedited deal’. We would rather use a high street conveyancer with experience of conveyancing in Scotter
We suspect that the seller is unaware of this request. Should the seller require ‘a quick sale', turning down a genuine buyer is going to damage their objectives. Bypass the agents and go straight to the owners and make the point that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you are unencumbered (d) you intend to proceed fast (e)but you will continue to instruct your preferred Scotter conveyancing lawyers - not the ones that will give the estate agent a commission or achieve conveyancing figures set by head office.
I happen to be an executor of my recently deceased aunt’s Will, with a bungalow in Scotter which will be sold. The property is unregistered at the Land Registry and I'm told that some buyers solicitors will insist that it is in place before they will proceed. What's the procedure for this?
In the circumstances you refer to it seems sensible to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.