Last January we completed a house move in West Dulwich. We have since encountered a number of problems with the house which we believe were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out for conveyancing in West Dulwich?
The question is not clear as what problems have arisen and if they are specific to conveyancing in West Dulwich. Conveyancing searches and investigations undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a seller answers a document referred to as a Seller’s Property Information Form. answers provided is inaccurate, 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 West Dulwich.
I know that there are debates on Chancel Insurance on online forums. Do I need this when acquiring a house in West Dulwich? or I am told that there is a law dating back centuries that could mean that homeowners residing in a parish church boundary will be compelled to contribute towards repairs towards the chancel within the church. Is this relevant for conveyancing in West Dulwich?
Unless a prior purchase of the property completed post 12 October 2013 you could take it that solicitors conducting conveyancing in West Dulwich to continue to suggest a chancel search and or chancel repair liability insurance.
I'm buying a new build house in West Dulwich with a mortgage from Godiva Mortgages Ltd. The builders would not move on the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The sale representative told me not to tell my lawyer about the deal as it may jeopardize my mortgage with Godiva Mortgages Ltd. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML 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.
I've recently found out that there is a flying freehold issue on a house I have offered on last month in what was supposed to be a simple, no chain conveyancing. West Dulwich is the location of the property. Is there any advice you can give?
Flying freeholds in West Dulwich are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Dulwich you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Dulwich may ascertain 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 property.
Given that I am about to spend 450k on a terraced house in West Dulwich I would like to talk to a lawyer concerning thehome move prior to appointing the firm. Can this be arranged?
We could not agree more - we would be pleased to talk to you we do not take any clients on without you first talking to the lawyer who will be carrying out your property ownership legalities in West Dulwich.There is no ‘factory style conveyancing’ - every client is an important person, not a case number. The practices that we put you in touch with believe that the fees you are calculated and presented to you for your conveyancing in West Dulwich should be the figure that you end up paying.
Last November I purchased a leasehold flat in West Dulwich. Do I have any liability for service charges for periods before my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal adjudicate on such matters? Can you recommend a West Dulwich conveyancing firm to act on my behalf?
if there is a absentee landlord or where there is disagreement about what the lease extension should cost, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to arrive at the sum to be paid.
An example of a Freehold Enfranchisement decision for a West Dulwich property is 8 Deerbrook Road in May 2010. the Tribunal held that the enfranchisement price, in accordance with section 32 and Schedule 6 of the Leasehold Reform, Housing and Urban Development Act 1993 was £22,820, payable by the Applicants. By an order of the Lambeth County Court dated 17 June 2009 the case had been transferred to the Leasehold Valuation Tribunal for its determination of the premium payable This case related to 3 flats.