My brother and I have lately bought a property in Woodingdean. We have since encountered a number of issues with the property which we believe were overlooked 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 Woodingdean?
It is not clear from the question as to the nature of the problems and if they are unique to conveyancing in Woodingdean. Conveyancing searches and investigations undertaken during the legal transfer of property are carried out to help avoid problems. As part of the process, a seller completes a form referred to as a SPIF. If the information turns out to be inaccurate, you may have a misrepresentation claim 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 Woodingdean.
It is is a decade since I bought my property in Woodingdean. Conveyancing solicitors have now been appointed on the sale but I am unable to locate the deeds. Is this a major issue?
Don’t worry too much. Firstly there is a possibility that the deeds will be kept by the mortgage company or they could be in the possession of the solicitor who acted in your purchase. Secondly in all probability the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining current official copies of the land registers. Almost all conveyancing in Woodingdean relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Will my solicitor be asking questions concerning flooding during the conveyancing in Woodingdean.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in Woodingdean. Plenty of people will buy a house in Woodingdean, completely aware that at some time, it may suffer from flooding. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, however there are a number of searches that may be carried out by the buyer or on a buyer’s behalf which can give them a better appreciation of the risks in Woodingdean. The conventional set of information given to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual question of the seller to determine whether the premises has ever been flooded. If flooding has previously occurred which is not revealed by the owner, then a purchaser could bring a compensation claim stemming from an misleading response. A purchaser’s lawyers will also commission an enviro search. This will disclose whether there is any known flood risk. If so, additional inquiries should be conducted.
I have todayfound out that Wolstenholmes have closed. They carried out my conveyancing in Woodingdean for a purchase of a leasehold flat 10 months ago. How can I check that the property is not still registered in the name of the previous owner?
The easiest way to check if the property is in your name, you can carry out 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 Woodingdean conveyancing specialists.
I'm purchasing my first flat in Woodingdean with the aid of help to buy. The sellers would not move on the amount so I negotiated five thousand pounds worth of extras instead. The house builders rep advised me not inform my conveyancer about the side-deal as it will affect my mortgage with the lender. 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 was recommended by numerous selling agents in Woodingdean to find a solicitor using your seach tool. What’s the financial advantage for Estate Agents to promote your services over and above a competitor’s?
We refuse to give any referral fee for pointing buyers and sellers in our direction. We thought it would be too underhand to pay a commission because a client could think, ‘Why is the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.