My brother and I have just bought a house in Armthorpe. We have since encountered a number of problems with the house which we suspect were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been conducted for conveyancing in Armthorpe?
It is not clear from the question as to the nature of the problems and if they are relate to conveyancing in Armthorpe. Conveyancing searches and investigations initiated as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, a seller answers a document called a Seller’s Property Information Form. answers proves to be incorrect, you could possibly take legal action 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 Armthorpe.
My fiance and I are purchasing a newbuild apartment in Armthorpe with a homeloan from Alliance & Leicester .We use our Armthorpe conveyancing lawyer but Alliance & Leicester informed us her practice is not listed on their approved list of member firms. We have to appoint a Alliance & Leicester panel lawyer or keep our preferred solicitor and fork out for a Alliance & Leicester panel lawyer to represent them. We feel as though this is unjust; Can we not simply insist that Alliance & Leicester use our lawyer?
No, not really. The loan issued to you contains terms and conditions, one of which will be that solicitors will be on the Alliance & Leicester approved list. in the past, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for Alliance & Leicester
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Armthorpe is where the house is located. Can you shed any light on this issue?
Flying freeholds in Armthorpe are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Armthorpe you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Armthorpe may decide 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.
In my capacity as executor for the estate of my grandmother I am disposing of a house in Neath but reside in Armthorpe. My solicitor (based 260 kilometers awayneeds me to execute a stat dec prior to completion. Can you recommend a conveyancing lawyer in Armthorpe to attest this legal document for me?
Technically speaking you are not likely to be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or qualified solicitor will be fine regardless of whether they are Armthorpe based
Last July I purchased a leasehold flat in Armthorpe. Am I liable to pay service charges relating to a period prior to completion of my purchase?
In a situation where the service charge has already been demanded from the previous owner 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).
Armthorpe Conveyancing for Leasehold Flats - Sample of Questions you should consider Prior to Purchasing
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It would be a good idea to enquire if there are any onerous prohibitions in the lease. For instance it is reasonably common in Armthorpe leases that pets are not allowed in certain buildings in Armthorpe. If you like the apartmentin Armthorpe however your cat can’t make the move with you then you have a very hard decision. The answer will be important as a) areas may result in problems for the block as the common areas may begin to deteriorate if maintenance are not paid for b) if the tenants have an issue with the running of the building you will wish to have full disclosure Are any of leasehold owners in arrears of their service charge liability?