Last November we completed a house move in West Ham. We have since encountered a number of issues with the property which we consider were missed in the conveyancing searches. Do we have any recourse? What searches should? have been ordered for conveyancing in West Ham?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in West Ham. Conveyancing searches and due diligence undertaken during the buying process are designed to help avoid problems. As part of the legal transfer of property, a seller completes a document referred to as a SPIF. If the information provided is misleading, 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 West Ham.
Completed the sale of my flat in West Ham last December but my buyer keeps e-mailing me to say her solicitor is waiting to hear from mysolicitor. What should have happened following completion?
Following your sale your solicitor is obliged to send the transfer documentation and all supplemental paperwork to the buyer’s solicitors. Depending on the transaction, your lawyer must also confirm that the legal charge in favour of the lender has been discharged to the buyers solicitors. There are no post completion tasks unique to conveyancing in West Ham.
We're in West Ham, First time buyers purchasing with a mortgage (lender is Santander , and our solicitor is on the Santander conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Santander conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancing practitioner should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
Various internet forums that I have visited warn that are the main reason for stalling in West Ham house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure within the top 10 causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of holding up conveyancing in West Ham.
I have justdiscovered that Action Conveyancing have closed. They carried out my conveyancing in West Ham for a purchase of a leasehold apartment 10 months ago. How can I establish that the property is registered correctly in the name of the previous owner?
The quickest method to see if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of West Ham conveyancing specialists.
I've recently bought a leasehold flat in West Ham. Do I have any liability for service charges for periods before completion of my purchase?
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. It is an essential part of leasehold conveyancing for your conveyancer to be sure 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 am the proprietor of a second floor flat in West Ham. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
You certainly can. We are happy to put you in touch with a West Ham conveyancing firm who can help.
An example of a Lease Extension decision for a West Ham premises is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case affected 1 flat. The unexpired term as at the valuation date was 69.77 years.