Last May we completed a house move in Aston. We have noticed several issues with the property which we consider 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 Aston?
The query is vague as to the nature of the problems and if they are relate to conveyancing in Aston. Conveyancing searches and due diligence initiated during the buying process are supposed to help avoid problems. As part of the process, the vendor completes a form known as a SPIF. If the information ends up being 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 Aston.
My wife and I are planning on selling our home in Aston and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. A high street Aston lawyer would know that there is no such problem. For the life of me I don't know why the purchasers instructed an online conveyancing firm as opposed to a conveyancing solicitor in Aston. Having lived in Aston for six years we know of no issue. Do we get in touch with our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing firm already. Are they able to advise? You must check with 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 health insurance to cover that same sickness)
4 months have gone by following my purchase conveyancing in Aston concluded. I have checked the Land Registry website which shows that I paid £200,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I'm purchasing my first flat in Aston with the aid of help to buy. The developers refused to budge the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent suggested that I not reveal to my conveyancer about the extras as it will jeopardize my mortgage with Virgin Money. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer 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.
Can you provide any advice for leasehold conveyancing in Aston from the point of view of expediting the sale process?
- Much of the delay in leasehold conveyancing in Aston can be reduced if you instruct lawyers as soon as your agents start marketing the property and ask them to put together the leasehold documentation which will be required by the buyers’ solicitors. If you hold a share in a the freehold, you should make sure that you have the original share document. Obtaining a replacement share certificate is often a time consuming formality and delays many a Aston conveyancing transaction. Where a reissued share is necessary, you should approach the company director and secretary or managing agents (if applicable) for this as soon as possible. In the event that you altered the property did you need the Landlord’s permission? In particular have you laid down wooden flooring? Aston leases often stipulate that internal structural changes or installing wooden flooring calls for a licence from the Landlord acquiescing to such works. Should you dont have the paperwork to hand do not contact the landlord without checking with your solicitor in the first instance. If there is a history of any disputes with your landlord or managing agents it is very important that these are settled before the property is marketed. The purchasers and their solicitors will be warry about purchasing a property where a dispute is unsettled. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the buyers, but it is clearly preferable to present the dispute as over as opposed to unsettled.
Leasehold Conveyancing in Aston - A selection of Questions you should ask Prior to buying
Does the lease have onerous restrictions? Are any of leasehold owners in arrears of their service charge liability? This information is useful as a) areas could result in problems in the block as the communal areas may start to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the managing agents you will want to know about it