My wife and I have recently purchased a house in Canford Heath. We have since encountered a number of issues with the house which we consider were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out for conveyancing in Canford Heath?
The query is vague as to the nature of the problems and if they are specific to conveyancing in Canford Heath. Conveyancing searches and investigations undertaken 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 questionnaire called a Seller’s Property Information Form. answers ends up being 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 Canford Heath.
Just had an offer accepted on a new build flat in Canford Heath. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Canford Heath
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I have been on the look out for a flat up to £305k and identified one near me in Canford Heath I like with amenity areas and transport links nearby, however it's only got 49 years unexpired on the lease. I can't really find anything else in Canford Heath for this price, so just wondered if I would be making a mistake acquiring a short lease?
If you require a mortgage the remaining unexpired lease term will be problematic. Reduce the price by the expected lease extension will cost if not already taken into account. If the existing owner has owned the premises for at least 2 years you may ask them to start the process of the extension and pass it to you. An additional ninety years can be extended on to the existing lease and have £0 ground rent by law. You should consult your conveyancing lawyer about this matter.
In my capacity as executor for the estate of my father I am disposing of a residence in Newport but I am based in Canford Heath. My solicitor (approximately 260 miles from merequires that I sign a statutory declaration before the transaction finalising. Could you suggest a conveyancing solicitor in Canford Heath who can witness this legal document for me?
Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will do regardless of whether they are located in Canford Heath
I have miscalculated my finances and am a couple of thousand pounds short a 10% deposit on my house purchase in Canford Heath , but I still want to go ahead. Do I have options?
One option is to try and agree a lesser deposit. Many property owners will accept a lower deposit or even no deposit for a first time buyer or 100% mortgage. Be aware though that if you fail to complete you will still need to hand over a minimum of 10% of the purchase price regardless of how much deposit was agreed.
You can also agree a simultaneous exchange and completion as no deposit is required for this however neither party will be tied in until completion actually takes place and it can be risky if sellers change their mind at the last second