My wife and I have recently acquired a house in Shepherd's Bush. We have since encountered a number of problems with the house which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been ordered for conveyancing in Shepherd's Bush?
The query is not clear as what problems have arisen and if they are unique to conveyancing in Shepherd's Bush. Conveyancing searches and due diligence initiated during the buying process are designed to help avoid problems. As part of the process, the vendor completes a document known as a Seller’s Property Information Form. If the information ends up being inaccurate, then you may have a 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 Shepherd's Bush.
In reviewing online forums for a recommended solicitor in Shepherd's Bush, most advise that I should instruct a CQS assured lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in the legal transfer of properties, trusted by some of the UK's leading banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Building Societies Association (BSA). CQS is not a scheme offered by the Society for Licensed Conveyancers. Shepherd's Bush is one of the many areas in England and Wales where there are Accredited solicitors.
If you had a top tip for selecting a conveyancing solicitor in Shepherd's Bush what would it be?
It would be unwise to be seduced by the lowest Shepherd's Bush conveyancing costs illustration. You really do get what you pay for when it comes to conveyancing solicitors. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of the deal.
It is unclear whether my mortgage offer requires a lease extension. I have called my Shepherd's Bush bank branch on a couple of occasions and was told it does not affect the mortgage offer and they will lend. My Shepherd's Bush conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their specific requirements. I simply don't know who is right.
Your solicitor must follow the CML Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
I have finally had an offer on a flat in Shepherd's Bush accepted, the sellers do nevertheless have a tied purchase. The vendors have placed an offer on a flat, however it’s not been accepted yet, and are looking at other properties in the pipeline. I have instructed a high street conveyancing solicitor in Shepherd's Bush. What should be my next step? When do I get the mortgage application with Yorkshire BS going?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur costs too early (mortgage application is in the region of one thousand pounds, then valuation, Shepherd's Bush conveyancing search fees, etc). First, you should ensure that your solicitor is on the Yorkshire BS approved list. As to the subsequent phase this very much dictated by the uniqueness of your case, attraction to this property and on the state of the market. In a rising market many home buyers would apply for the mortgage with Yorkshire BS and pay for the valuation and only if it comes back ok would they request their conveyancing practitioner to move forward with searches.
Should our conveyancer be raising questions concerning flooding as part of the conveyancing in Shepherd's Bush.
Flooding is a growing risk for conveyancers dealing with homes in Shepherd's Bush. Some people will purchase a property in Shepherd's Bush, completely aware 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 get a mortgage, adequate building insurance, or dispose of the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not qualified to offer advice on flood risk, however there are a various searches that can be carried out by the purchaser or on a buyer’s behalf which should give them a better appreciation of the risks in Shepherd's Bush. The standard property information forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) includes a standard question of the seller to discover if the premises has ever been flooded. If flooding has previously occurred which is not revealed by the vendor, then a buyer could commence a compensation claim resulting from an misleading reply. The purchaser’s lawyers may also order an enviro search. This will higlight whether there is any known flood risk. If so, additional investigations should be conducted.
Due to the input of my in-laws I had a survey completed on a property in Shepherd's Bush before appointing solicitors. I have been told that there is a flying freehold element to the house. The surveyor has said that some mortgage companies tend not grant a mortgage on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions from Halifax. If you call us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Shepherd's Bush. Conveyancing may be slightly more expensive based on your lender's requirements.
My father-in-law has suggested that I appoint his lawyers for conveyancing in Shepherd's Bush. Should I find my own solicitor?
Much as we are happy to recommend a Shepherd's Bush conveyancing lawyer it’s preferable to choose a conveyancing solicitor is to have recommendations from friends or family who have actually experience in using the conveyancer you're are thinking of instructing.