Last December we completed a house move in St Davids. We have noticed several problems with the property which we consider were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been carried out as part of conveyancing in St Davids?
It is not clear from the question as what problems have arisen and if they are specific to conveyancing in St Davids. Conveyancing searches and investigations initiated as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner completes a questionnaire referred to as a SPIF. answers provided is inaccurate, you could possibly take legal action 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 St Davids.
How does conveyancing in St Davids differ for newly converted properties?
Most buyers of new build premises in St Davids approach us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the house is ready to move into. This is because builders in St Davids usually acquire the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in St Davids or who has acted in the same development.
I've recently found out that there is a flying freehold element on a property I have offered on two weeks back in what was supposed to be a straight forward, chain free conveyancing. St Davids is the location of the property. Can you offer any assistance?
Flying freeholds in St Davids are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside St Davids you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in St Davids may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
My husband and I are novice buyers - had an offer accepted, yet the property agent told us that the seller will only go ahead if we use their chosen lawyers as they need an ‘expedited deal’. We would rather use a high street solicitor with experience of conveyancing in St Davids
We suspect that the seller is not behind this request. Should the vendor want ‘a quick sale', alienating a genuine purchaser is not the way to achieve this. Bypass the agents and go straight to the owners and explain that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you are chain free (d) you wish to move quickly (e)however you are going to use your preferred St Davids conveyancing lawyers - as opposed tothose that will earn their estate agent a commission or achieve conveyancing targets set by head office.
I am on look out for some leasehold conveyancing in St Davids. Before I get started I would like to find out the number of years remaining on the lease.
Assuming the lease is recorded at the land registry - and almost all are in St Davids - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Leasehold Conveyancing in St Davids - Sample of Queries before Purchasing
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Are any of leasehold owners in arrears of their service charge payments? The answer will be important as a) areas may result in problems for the block as the common areas may start to deteriorate if maintenance remain unpaid b) if the leasehold owners have an issue with the running of the building you will want to have all the details Are there any major works on the horizon that will increase the service fees?
Me and my husband have just had a bid accepted on our first house in St Davids, and are now looking to get solicitors instructed. I have used the numerous rating based websites and the fee estimates are from all over the England and Wales. Is it advisable to have a St Davids solicitor local to the potential property? We are happy to do all the communicating over the web, but I guess at some point we may be required to attend the conveyancing practitioner's office to sign contracts?
The conveyancing practitioner does not have to be in St Davids, but opting for local means that you have the option to visit their offices if you need to, by way of example, if a signature is needed urgently. Also, a St Davids solicitor have established relationships with local agents and (if the vendor has chosen a local conveyancer) with them, which should help keep things moving faster.