My partner and I have recently acquired a property in Yatton. We have noticed several problems with the property which we consider were omitted in the conveyancing searches. Do we have any recourse? Can you clarify the type of searches that needed to have been ordered for conveyancing in Yatton?
The query is not clear as to the nature of the problems and if they are relate to conveyancing in Yatton. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the legal transfer of property, the vendor answers a questionnaire referred to as a Seller’s Property Information Form. If the information provided is inaccurate, you may have a misrepresentation claim 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 Yatton.
We are selling our property in Yatton and according to the buyers it appears that there is a risk of it being constructed on contaminated land. Any local lawyer would know that there is no such problem. For the life of me I don't know why the buyers are using an online conveyancing firm as opposed to a conveyancing solicitor in Yatton. We have lived in Yatton for 5 years we know that this is a non issue. Do we get in touch with our local Authority to seek confirmation need.
It would appear that you have a conveyancing firm currently acting for you. What do they say? You need to enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
How does conveyancing in Yatton differ for new build properties?
Most buyers of new build or newly converted property in Yatton contact us having been asked by the builder to exchange contracts and commit to the purchase even before the property is finished. This is because developers in Yatton 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 conveyancers 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 Yatton or who has acted in the same development.
I decided to have a survey done on a property in Yatton ahead of appointing solicitors. I have been informed that there is a flying freehold element to the house. Our surveyor advised that some lenders tend refuse to grant a mortgage on such a premises.
It varies from the lender to lender. Lloyds has different requirements from Halifax. If you e-mail us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Yatton. Conveyancing may be slightly more expensive based on your lender's requirements.
In my capacity as executor for the will of my uncle I am selling a property in Neath but I am based in Yatton. My lawyer (who is 260 kilometers awayhas requested that I sign a stat dec ahead of completion. Could you suggest a conveyancing solicitor in Yatton who can witness this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will be fine regardless of whether they are based in Yatton
Do you have any top tips for leasehold conveyancing in Yatton from the point of view of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Yatton can be avoided if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information needed by the purchasers’ lawyers. If you hold a share in a the freehold, you should make sure that you have the original share document. Organising a new share certificate is often a lengthy process and delays many a Yatton home move. If a duplicate share certificate is necessary, do contact the company director and secretary or managing agents (if applicable) for this at the earliest opportunity. If you have carried out any alterations to the premises would they have required Landlord’s permission? Have you, for example laid down wooden flooring? Yatton leases often stipulate that internal structural alterations or installing wooden flooring necessitate a licence issued by the Landlord approving such works. If you fail to have the approvals to hand you should not contact the landlord without checking with your conveyancer first. Some Yatton leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
Yatton Conveyancing for Leasehold Flats - A selection of Queries before Purchasing
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Best to be warned if a new roof is being installed or some other significant cost is due shortly that will be shared by the tenants and will dramatically impact the level of the service charges or necessitate a one time payment. Is there a share of the freehold? Are there any major works on the horizon that will likely increase the service costs?