My partner and I have recently bought a house in South Kensington. We have since encountered a number of issues with the house which we believe were missed in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been carried out as part of conveyancing in South Kensington?
The query is vague as what problems have arisen and if they are unique to conveyancing in South Kensington. Conveyancing searches and due diligence initiated as part of the buying process are designed to help avoid problems. As part of the process, a seller answers a document known as a SPIF. answers ends up being incorrect, you could possibly take legal action 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 South Kensington.
Having spent time scouring consumer advice sites for a high-quality lawyer in South Kensington, many comment that I should instruct a CQS assured lawyer. What is CQS?
South Kensington Conveyancing Quality Scheme solicitors have achieved accreditation under the Law Society's Scheme (CQS) CQS was established to promote high standards in the in the legal transfer of properties. CQS helps buyers and sellers to identify solicitor firms that provide a quality residential conveyancing. South Kensington is one of the many areas in England and Wales in which CQS are located. The conveyancing scheme obliges solicitors to undergo a strict assessment, compulsory training, self-certification, random audits and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Building Societies Association.
I have today made my last payment due on my mortgage with Nationwide. I assume I don't need a South Kensington property lawyer on the Nationwide panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
I am currently in the process of buying my council flat in South Kensington. I have a mortgage agreed with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
Our offer on a property in South Kensington has been accepted, but there is a chain. The owners have offered on somewhere, but it’s not been accepted yet, and have viewings of other apartments in the pipeline. I have selected a nearby conveyancing solicitor in South Kensington. What should be my next step? At what point should I apply for the mortgage with Lloyds?
It is understandable to have apprehensions where there is a chain as you are unlikely to want to be too out of pocket too early (home loan application is approx one thousand pounds, then valuation, South Kensington conveyancing search fees, etc). First, you must ensure that your conveyancer is on the Lloyds approved list. Concerning the next steps this very much depends on the uniqueness of your case, attraction to this property and on the state of the market. In a buoyant market many buyers would apply for the mortgage with Lloyds and arrange for the valuation and only if it was satisfactory would they ask their lawyer to move forward with the conveyancing in South Kensington.
2 months have gone by since my purchase conveyancing in South Kensington took place. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I'm purchasing a new build house in South Kensington with the aid of help to buy. The sellers refused to budge the amount so I negotiated £7000 of fixtures and fittings instead. The sale representative suggested that I not inform my solicitor about the extras as it could put at risk my mortgage with the bank. Should I keep quiet?.
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 UK Finance website. UK Finance 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 sister purchased her house in South Kensington eight years past. She has been married, widowed and in recent months got married again. She now wants to the sell the South Kensington property. I suspect that she will just be requested to supply copies of the marriage papers to the property lawyer however she is concerned it could frustrate the house move. Is it worth updating the title documents for the house?
It is not absolutely necessary to update the register on the basis that you have the proof needed to show how the name change has come about.
Any purchaser’s lawyer will review the registered information and ask for evidence to establish the change of name for instance marriage documentation.