My brother and I have recently purchased a property in Crawley. We have noticed several issues with the house which we suspect were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been carried out for conveyancing in Crawley?
The question is not clear as to the nature of the problems and if they are unique to conveyancing in Crawley. Conveyancing searches and investigations initiated during the legal transfer of property are designed to help avoid problems. As part of the process, a seller fills in a questionnaire called a SPIF. If the information turns out to be incorrect, you may have a misrepresentation claim 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 Crawley.
My Solicitor in Crawley is not on the National Westminster Bank Approved Panel. Can I still continue with my family solicitor even though they are not on the National Westminster Bank panel of approved conveyancing solicitors?
The limited options open to you here include:
- Carry on with your existing Crawley solicitors but National Westminster Bank will need to retain a conveyancer on their list of acceptable firms. This will result in additional overall conveyancing fees as well as cause delays.
- Choose a new practitioner to act in the conveyancing, remembering to check they are on the National Westminster Bank panel
I am buying a new build house in Crawley with the aid of help to buy. The sellers refused to move on the price so I negotiated £7000 of fixtures and fittings instead. The house builders rep told me not reveal to my conveyancer about this deal as it will adversely affect my mortgage with the bank. Is this normal?.
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.
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Crawley is the location of the property. What do you suggest?
Flying freeholds in Crawley are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Crawley you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Crawley may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
Is it best to go with a Crawley conveyancing lawyer in close proximity to the house I am purchasing? An old friend can handle the legal formalities but they are based 300kilometers away.
The benefit of a local Crawley conveyancing practice is that you can drop in to sign documents, deliver your identification documents and pester them where appropriate. They will also have local insight which is a benefit. However it's more important to get someone that will do a good and efficient job. If if people you trust used your friend and in the main were content that should trump using an unfamiliar Crawley conveyancing lawyer just because they are based in the area.