My brother and I have lately acquired a house in Shoeburyness. We have noticed several issues with the property which we believe were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been ordered as part of conveyancing in Shoeburyness?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Shoeburyness. Conveyancing searches and due diligence initiated 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 fills in a document called a Seller’s Property Information Form. answers is incorrect, you could possibly take legal action 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 Shoeburyness.
Having sold my house in Shoeburyness last May but my buyer keeps telephoning every few hours to moan that her conveyancer needs to hear from mine. What are the post completion sale formalities now that I have sold?
Following your disposal your solicitor is duty bound to deliver the transfer documentation and all of the paperwork to the purchaser's solicitors. If applicable, your solicitor should also evidence that the home loan has been paid off to the buyers lawyers. There is unlikely to be post completion procedures specific conveyancing in Shoeburyness.
We are selling our apartment in Shoeburyness. Does my solicitor need to be required to be on the Bank of Ireland conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Bank of Ireland conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently in recent years.
I am the sole recipient of my late mum's will and I have everything in my name now, including the my former home in Shoeburyness. The Shoeburyness property was put into my name in January. I plan to dispose of the property. I do know about the Mortgage Lenders 6 month 'rule', meaning my proprietorship will be regarded the same way as though I had purchased the property in January. Will no one buy the property for half a year?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. How practical a view mortgage companies take of it, depend on the mortgage company as this obligation is chiefly there to capture the purchase and immediately sell or the quick reselling of property.
I had a mortgage agreed in principle with Coventry BS. Shoeburyness conveyancing solicitors have been chosen. What is the average time that one could expect to receive a mortgage offer from Coventry BS?
Some lenders take longer than others. Have Coventry BS conducted the valuation? Have you informed Coventry BS as to your lawyers' details and checked that your lawyers are on the Coventry BS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have today made my last payment due on my mortgage with Barclays. I assume I don't need a Shoeburyness property lawyer on the Barclays panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
Should our lawyer be raising questions about flooding as part of the conveyancing in Shoeburyness.
The risk of flooding is if increasing concern for lawyers dealing with homes in Shoeburyness. There are those who acquire a house in Shoeburyness, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, however there are a numerous searches that can be carried out by the purchaser or by their solicitors which will figure out the risks in Shoeburyness. The conventional set of completed inquiry forms given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to determine whether the premises has historically flooded. If flooding has previously occurred and is not revealed by the vendor, then a buyer may issue a compensation claim resulting from an incorrect response. A buyer’s lawyers should also commission an environmental search. This will disclose if there is any known flood risk. If so, more detailed investigations will need to be made.
I decided to have a survey completed on a property in Shoeburyness prior to appointing conveyancers. I have been informed that there is a flying freehold overhang to the property. Our surveyor has said that some banks may refuse to give a mortgage on this type of property.
It varies from the lender to lender. Santander has different instructions for example to Nationwide. If you contact us we can look into this further 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 Shoeburyness. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Shoeburyness to see if the conveyancing will be more expensive.