Last March we completed a house move in Southend On Sea. We have noticed several problems with the property which we consider 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 as part of conveyancing in Southend On Sea?
The query is not clear as to the nature of the problems and if they are relate to conveyancing in Southend On Sea. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the process, the vendor answers a document referred to as a SPIF. If the information provided is misleading, you may have a misrepresentation 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 Southend On Sea.
My wife and I buying a victorian detached house in Southend On Sea. The intention is to carry out an extension to the side at the property.Will legal due diligence on the property involve investigations to determine if these alterations are prohibited?
Your solicitor will review the registered title as conveyancing in Southend On Sea will occasionally reveal restrictions in the title documents which prohibit categories of changes or necessitated the permission of a 3rd party. Some extensions need local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be prudent to check these things with a surveyor prior to committing yourself to a purchase.
We have a mortgage agreed in principle with HSBC. Southend On Sea conveyancing solicitors were chosen. What is the average time that one could expect to receive a mortgage offer from HSBC?
Some lenders take longer than others. Have HSBC completed the valuation? Have you advised HSBC as to your lawyers' details and checked that your lawyers are on the HSBC conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have paid off my mortgage with Clydesdale. I assume I don't need a Southend On Sea property lawyer on the Clydesdale panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Clydesdale 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 Clydesdale mortgage from the register. Clydesdale, 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 Clydesdale has sent the Land Registry the discharge electronically, and
- Clydesdale has instructed the Land Registry to do so
Should our conveyancer be raising enquiries regarding flooding during the conveyancing in Southend On Sea.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in Southend On Sea. Some people will purchase a house in Southend On Sea, 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 obtain a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, however there are a numerous checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better appreciation of the risks in Southend On Sea. The conventional set of information supplied to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual question of the seller to discover if the property has suffered from flooding. If flooding has previously occurred which is not notified by the seller, then a purchaser could commence a legal claim for losses stemming from an inaccurate response. The purchaser’s solicitors should also carry out an enviro report. This should indicate if there is any known flood risk. If so, additional investigations will need to be initiated.
It has been 4 months following my purchase conveyancing in Southend On Sea 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 residence 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.
We're first time buyers - agreed a price, but the agent has warned us that the owners will only move forward if we instruct the agent's chosen solicitors as they need an ‘expedited deal’. We would rather use a family solicitor with experience of conveyancing in Southend On Sea
It is highly unlikely the owners are behind this. If they require ‘a quick sale', alienating a serious purchaser is is going to put the whole deal at risk. Bypass the agents and go straight to the owners and explain that (a)you are keen to buy (b)you are excited to move forward, with finances arranged © you do not need to sell (d) you wish to move quickly (e)but you intend to instruct your own,trusted Southend On Sea conveyancing firm - not the ones that will earn the negotiator at the agency a commission or achieve conveyancing targets demanded by senior management.
I only have Fifty years left on my flat in Southend On Sea. I am keen to extend my lease but my landlord is can not be found. What should I do?
If you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the freeholder. In some cases a specialist should be helpful to carry out a search and prepare an expert document to be used as proof that the freeholder can not be located. It is wise to seek advice from a conveyancer in relation to devolving into the landlord’s absence and the application to the County Court covering Southend On Sea.
Leasehold Conveyancing in Southend On Sea - A selection of Questions you should consider Prior to buying
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Its a good idea to discover as much as you can concerning the managing agents as they will either make your life much simpler or uncomfortable. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to practical issues such as the tidiness of the communal areas. You should not be afraid to ask other tenants whether they are happy with them. On a final note, be sure you know the dates that you are obliged pay the service charge to the managing agents and precisely how they are spending that money. How is the lease structured? It is important to be aware whether fixing the lift or some other significant cost is due in the near future that will be shared amongst the leaseholders and may well materially impact the level of the service fees or necessitate a one time invoice.