My partner and I have lately purchased a property in Shoeburyness. We have since encountered a number of issues with the property which we believe were overlooked in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in Shoeburyness?
The query is not clear as to the nature of the problems and if they are specific to conveyancing in Shoeburyness. Conveyancing searches and investigations undertaken 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 answers a questionnaire called a Seller’s Property Information Form. If the information turns out to be inaccurate, 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 Shoeburyness.
Completed the sale of my flat in Shoeburyness last June yet the purchaser is SMS messaging me to moan that her lawyer is waiting to hear from mine. What are the post completion sale formalities following completion?
Following your house sale your solicitor should deliver the transfer documentation and all of the paperwork to the buyer’s solicitors. Where relevant, your conveyancer must also send confirmation that the legal charge in favour of the lender has been repaid to the purchasers conveyancers. There are no post completion tasks peculiar conveyancing in Shoeburyness.
My apartment in Shoeburyness is up for sale and I have accepted an offer. Does my conveyancer have to be on the Yorkshire BS conveyancing panel in order to deal with repayment of my mortgage?
Ordinarily, even if your lawyer is not on the Yorkshire BS 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 requirements fairly frequently currently.
I am the only recipient of my late mum's estate with all property in now in my sole name, 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 CML 6 month 'rule', meaning my property ownership may be treated the same way as though I had purchased the house in January. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. Some lenders would take a pragmatic view as this clause is primarily there to identify subsales or the wholesaling and assigning of property.
We have a mortgage agreed in principle with Lloyds. Shoeburyness conveyancing solicitors have been selected. How long does it take for Lloyds to send the offer to the property lawyer?
Some lenders take longer than others. Have Lloyds done the survey? Have you informed Lloyds as to your lawyers' details and checked that your lawyers are on the Lloyds conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have paid off my mortgage with Coventry BS. I assume I don't need a Shoeburyness solicitor on the Coventry BS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Coventry BS 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 Coventry BS mortgage from the register. Coventry BS, 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 Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
Will our solicitor be raising enquiries regarding flooding as part of the conveyancing in Shoeburyness.
Flooding is a growing risk for lawyers specialising in conveyancing in Shoeburyness. Plenty of people will purchase a property in Shoeburyness, completely expectant that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to give advice on flood risk, however there are a various searches that may be carried out by the buyer or by their solicitors which can figure out the risks in Shoeburyness. The conventional set of completed inquiry forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the owner to discover if the property has historically flooded. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser may bring a legal claim for losses as a result of such an incorrect response. A purchaser’s conveyancers should also order an enviro search. This should reveal whether there is a recorded flood risk. If so, further inquiries should be conducted.
I decided to have a survey completed on a property in Shoeburyness ahead of appointing conveyancers. I have been told 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. Bank of Scotland has different requirements for example to Nationwide. If you call us we can look into this further via the relevant lender. 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.