Last September we completed a house move in Cirencester. We have noticed several problems with the property which we believe were overlooked in the conveyancing searches. What action can we take? What searches should? have been ordered for conveyancing in Cirencester?
The query is vague as to the nature of the problems and if they are relate to conveyancing in Cirencester. Conveyancing searches and due diligence undertaken as part of the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner answers a questionnaire referred to as a Seller’s Property Information Form. If the information turns out to be inaccurate, 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 Cirencester.
Forgive me if this question is silly but I am unseasoned as FTB of a two bedroom flat in Cirencester. Do I receive the keys to the house on completion from my solicitor? If so, I will instruct a local conveyancing solicitor in Cirencester?
On the day of completion you do not need to attend the conveyancers office in Cirencester. Your solicitors will transfer the completion advance to the seller's conveyancers, and shortly after the monies have arrived, you should be able to pick up the keys from the Estate Agents and move into your new home. Usually this occurs between 1 and 3pm.
I have today made my last payment due on my mortgage with Principality. I assume I don't need a Cirencester solicitor on the Principality panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Principality 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 Principality mortgage from the register. Principality, 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 Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
It is not clear whether my bank requires a lease extension. I have called into my local Cirencester building society branch on numerous occasions and was reassured it wasn't an issue and they will lend. My Cirencester conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the bank approved list, she or he must follow the CML Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
The deeds to my home are lost. The solicitors who did the conveyancing in Cirencester 10 years ago no longer exist. What do I do?
In today’s world there are copies made of almost everything, and your solicitor should know precisely where to look for all the suitable documentation so you may buy or dispose of your house without any difficulty. If duplicates can’t be located, your solicitor may be able to arrange cover in the form of insurance or indemnities protecting you against future claims on your premises.
I'm purchasing a new build house in Cirencester with a mortgage from Bank of Ireland. The developers would not move on the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The house builders rep suggested that I not to tell my conveyancer about the side-deal as it would adversely affect my mortgage with the lender. Do I keep my lawyer in the dark?.
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.
Do I cancel the direct debit for my mortgage with Virgin Money once a completion date for my sale in Cirencester has been agreed?
No, you should maintain paying any mortgage payments to Virgin Money until the mortgage is repaid from the proceeds of sale as part of your Cirencester conveyancing.