My partner and I have just purchased a property in Caerphilly. We have noticed several problems with the house which we believe were omitted in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been conducted as part of conveyancing in Caerphilly?
The question is vague as what problems have arisen and if they are unique to conveyancing in Caerphilly. Conveyancing searches and due diligence undertaken as part of the buying process are carried out to help avoid problems. As part of the legal transfer of property, the vendor completes a questionnaire called a SPIF. answers is misleading, 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 Caerphilly.
It is is a decade since I acquired my property in Caerphilly. Conveyancing solicitors have recently been retained on the sale but I can't track down my title documents. Will this cause complications?
You need not be too concerned. Firstly the deeds may be with the mortgage company or they may be in the possession of the solicitor who handled your purchase. Secondly in most cases the land will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Caerphilly relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is resolvable.
I have a decision in principle. The lender mentioned the loan came with free conveyancing. Does this mean I have to use their panel solicitor as I would prefer to use a Caerphilly based conveyancing firm?
Do check but the the likelihood is that appoint one of their panel solicitors where you accept the "fee-free" incentive. Contact the mortgage company and explore if they make available a cash alternative. It is not unheard for a lender to give a £250 cashback as an alternative in which case you could put that amount towards the cost for your conveyancing solicitor near Caerphilly.
What is the difference between a licensed conveyancer and conveyancing solicitor in Caerphilly
Two types of professional can conduct conveyancing in Caerphilly namely CLC regulated conveyancers or solicitors. Both professionals administer conveyancing services that you need to complete the disposal or acquisition of property. Both are required to conduct Caerphilly conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be properly conducted and that all requirements and steps will be accurately taken.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a Caerphilly lawyer on the Aldermore panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Aldermore mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Aldermore mortgage from the register. Aldermore, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
I have a mortgage with Santander for my property in Caerphilly. Conveyancing was finalised 12 months ago. In the event that I decide to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Santander?
You must advise Santander prior to renting your property as this is likely to be a breach of Santander’s mortgage conditions. It may be that Santander will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Santander directly. It should not be necessary to do this via a Santander conveyancing panel lawyer.
Various web forums that I have visited warn that are the number one cause of hinderance in Caerphilly conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Local searches are not likely to feature in any delay in conveyancing in Caerphilly.