Last December we completed a house move in Lostwithiel. We have noticed several problems with the house which we believe were missed in the conveyancing searches. What action can we take? Can you clarify the type of searches that needed to have been carried out as part of conveyancing in Lostwithiel?
The question is vague as what problems have arisen and if they are specific to conveyancing in Lostwithiel. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are designed to help avoid problems. As part of the process, a seller answers a document known as a SPIF. If the information is misleading, 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 Lostwithiel.
I am helping my step-mother sell her flat in Lostwithiel. Does the conveyancer arrange the energy performance certificate or it is for the seller to see to?
Following the demise of Home Packs, EPC’s remained a compulsory component of moving house. An energy assessment should be to hand in advance of the property being advertised. It is not a task that law firms normally arrange. Where you are using a Lostwithiel conveyancing lawyer they might be willing to arrange EPC’s due to their contacts with long established Lostwithiel accredited person
We are getting the release of further funds on our mortgage from Virgin Money as we want to conduct improvements to our home in Lostwithiel. Do we need to select a local Lostwithiel solicitor on the Virgin Money conveyancing panel to handle the legals?
Virgin Money don't usually appoint firms on their approved list of lawyers to deal with such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Virgin Money panel.
I've digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Lostwithiel solicitor - who is on the HSBC conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
HSBC will need an independent valuation of the property. Your lawyer will not arrange this. Usually HSBC will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Lostwithiel postcode. As you are getting a mortgage with HSBC, you could contact them to see if they have a list of approved surveyors in Lostwithiel.
Should our lawyer be raising questions regarding flooding as part of the conveyancing in Lostwithiel.
Flooding is a growing risk for lawyers dealing with homes in Lostwithiel. Plenty of people will purchase a property in Lostwithiel, completely expectant that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable building insurance, or sell the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, but there are a number of searches that can be carried out by the purchaser or by their conveyancers which should give them a better appreciation of the risks in Lostwithiel. The standard information sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a standard inquiry of the vendor to discover if the premises has suffered from flooding. In the event that the residence has been flooded in past which is not disclosed by the vendor, then a purchaser may commence a legal claim for losses as a result of such an misleading response. A buyer’s conveyancers will also conduct an enviro search. This will disclose if there is a recorded flood risk. If so, further inquiries will need to be conducted.
Due to the guidance of my in-laws I had a survey completed on a house in Lostwithiel prior to appointing lawyers. I have been told that there is a flying freehold overhang to the house. The surveyor advised that some banks will not grant a mortgage on this type of property.
It depends who your proposed lender is. HSBC has different requirements for example to Halifax. If you e-mail us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Lostwithiel. Conveyancing may be slightly more expensive based on your lender's requirements.
My partner and I have an offer in principle from Alliance & Leicester who suggested we could borrow up to £117k. When do we need to appoint a solicitor for conveyancing? Lostwithiel is where we plan to move to.
It would be wise to appoint a property lawyer now and ask them to create a file on your behalf. This will trigger: 1) the estate agent to send out the Sales Memorandum to the relevant parties 2) the seller’s property lawyer to submit the draft agreement. However, do not instruct your property lawyer to order searches until you have your valuation report from Alliance & Leicester and you are happy to move forward.