Last July we completed a house move in St James. We have since encountered a number of problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the type of searches that should have been carried out as part of conveyancing in St James?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in St James. Conveyancing searches and due diligence undertaken during the buying process are carried out to help avoid problems. As part of the process, a seller fills in a questionnaire referred to as a SPIF. If the information is misleading, then you may have a 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 St James.
Should my solicitor be raising enquiries concerning flooding as part of the conveyancing in St James.
Flooding is a growing risk for solicitors dealing with homes in St James. Some people will acquire a property in St James, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, adequate insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that may be carried out by the buyer or on a buyer’s behalf which will figure out the risks in St James. The conventional set of information supplied to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a standard question of the seller to determine if the premises has historically flooded. If the premises has been flooded in past and is not revealed by the vendor, then a purchaser may bring a legal claim for losses as a result of such an incorrect answer. A buyer’s lawyers may also carry out an environmental search. This will reveal whether there is a recorded flood risk. If so, further inquiries should be conducted.
Are there restrictive covenants that are commonly picked up during conveyancing in St James?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in St James. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I am buying a new build apartment in St James. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in St James
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Please supply a car parking plan. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Given that I will soon part with 450k on a garden flat in St James I wish to have a conversation with the solicitor regarding thetransaction ahead of giving the go ahead to the firm. Can this be arranged?
Absolutely - we would be delighted to talk to you we do not take any clients on without you liaising with the solicitor who will be carrying out your property ownership legalities in St James.There is no ‘factory style conveyancing’ - each client is unique individual, not a file number. The law firms that we put you in touch with believe that the fees you are provided with for residential conveyancing in St James should be the amount on the final invoice that you end up paying.
What are my options where I am dissatisfied with the lawyer who did my conveyancing in St James?
We live in an imperfect world, and unfortunately sometimes things do go wrong. However there is recourse if you were not happy with your conveyancing in St James. This varies from trying to resolve matters directly with them, through to reporting a conveyancer to their governing body. If you remain dissatisfied you may consider getting in touch with the Legal Ombudsman.