My partner and I have just purchased a house in Byfleet. We have since encountered a number of issues with the house which we suspect were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Byfleet?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Byfleet. Conveyancing searches and due diligence initiated as part of the legal transfer of property are supposed to help avoid problems. As part of the process, a seller answers a questionnaire known as a Seller’s Property Information Form. If the information ends up being incorrect, 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 Byfleet.
Do I need to pop into the offices of the solicitor to sign the legal charge? If so, I will appoint a lawyer who conducts conveyancing in Byfleet so that I can pop in to their offices if required.
Nowadays conveyancing panel lawyers for lenders undertake the vast majority of work through the post, internet or over the phone. This means that they can undertake the conveyancing transaction regardless of where you live in the country. That being said you should see if you have the option of attending the offices of your conveyancing lawyer if you prefer.
I am assisting my aunt sell her flat in Byfleet. Does the conveyancing solicitor arrange an energy assessment or do I organise this?
After the demise of HIPs, energy assessments was kept a compulsory component of moving property. An EPC must be commissioned in advance of the property being put on the market. It is not something that solicitors ordinarily arrange. Where you are instructing a Byfleet conveyancing solicitor they may help arrange EPC’s due to their relationships with long established Byfleet assessors
I'm the only recipient of my late father’s will with all property in now in my sole name, including the house in Byfleet. The Byfleet property was put into my name in March. I want to move. I understand that there is a CML six month 'rule', meaning my property ownership will be regarded the same way as though I had purchased the house in March. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. How sensible a view mortgage companies take of it, depend on the mortgage company as this clause is primarily there to identify subsales or the quick reselling of properties.
I am selling my house. I had a double glazing fitted in September 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Yorkshire BS are being pedantic. The Byfleet solicitor who is on the Yorkshire BS conveyancing panel is saying indemnity insurance will be fine but Yorkshire BS are insisting on a building regulation certificate. Why do Yorkshire BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Yorkshire BS have referred the matter to their valuer. The reason why Yorkshire BS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will commercial conveyancing searches disclose planned roadworks that could affect a commercial property in Byfleet?
Many commercial conveyancing solicitors in Byfleet will carry out a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Byfleet. The report sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Byfleet.
For every commercial conveyancing transaction in Byfleet it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been addressed adequately can result in delays to Byfleet commercial conveyancing deals as well as pose a risk to future intentions for the site. These searches are not conducted for domestic conveyancing in Byfleet.
I work for a long established estate agency in Byfleet where we have witnessed a few leasehold sales put at risk as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Byfleet conveyancing firms. Can you shed some light as to whether the owner of a flat can initiate the lease extension formalities for the buyer?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Byfleet Leasehold Conveyancing - Sample of Questions you should ask Prior to buying
The answer will be helpful as a) areas may cause problems for the building as the common areas may begin to deteriorate where repairs are not paid for b) if the leaseholders have an issue with the running of the building you will want to have full disclosure How many of the leaseholders are in arrears for their maintenance charge payments? Is there a share of the freehold?