My wife and I have lately bought a house in Datchet. We have noticed several problems with the property which we suspect were overlooked in the conveyancing searches. What action can we take? What searches should? have been conducted for conveyancing in Datchet?
It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Datchet. 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, a seller completes a form called a SPIF. If the information proves to be incorrect, you could possibly take legal action 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 Datchet.
When will exchange of contracts take place for residential conveyancing in Datchet and do I need to be at the solicitors branch?
If you are in close proximity to our conveyancing solicitors in Datchet you are welcome to attend to sign documents. That being said, the lender approved solicitors we work with provide countrywide coverage for conveyancing and give just as comprehensive and professional a job for you when dealing with you by post or email. The executing of the contract is not the critical part. Signing on the dotted line is necessary for the firm to address the formalities at the appropriate time, which is ordinarily shortly after signing. The procedure is is usually a five minute process, although where an extended "chain" is involved, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Datchet)to be in the office at the appropriate time.
Should our solicitor be asking questions concerning flooding during the conveyancing in Datchet.
The risk of flooding is if increasing concern for lawyers dealing with homes in Datchet. There are those who purchase a house in Datchet, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, adequate insurance cover, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the buyer.
Lawyers are not qualified to offer advice on flood risk, but there are a number of checks that can be undertaken by the buyer or on a buyer’s behalf which can figure out the risks in Datchet. The standard information sent to a buyer’s conveyancer (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to determine whether the premises has suffered from flooding. In the event that flooding has previously occurred and is not notified by the vendor, then a buyer may commence a legal claim for losses resulting from an incorrect answer. The purchaser’s conveyancers may also carry out an environmental search. This will reveal if there is a recorded flood risk. If so, more detailed investigations will need to be made.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in two weeks back in what was supposed to be a straight forward, chain free conveyancing. Datchet is the location of the property. Is there any advice you can give?
Flying freeholds in Datchet are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Datchet you would need to get your solicitor to go through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Datchet 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 property.
What advice can you give us when it comes to finding a Datchet conveyancing firm to deal with our lease extension?
When appointing a solicitor for lease extension works (regardless if they are a Datchet conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of conveyancing. We suggest that you talk with several firms including non Datchet conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be of use:
Can they put you in touch with clients in Datchet who can give a testimonial?
Datchet Conveyancing for Leasehold Flats - Sample of Queries Prior to Purchasing
What is the yearly service fee and ground rent? Does the lease contain onerous restrictions? Its a good idea to discover as much as you can concerning the managing agents as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to practical matters such as the upkeep of the common parts. Ask prospective neighbours if they are happy with them. On a final note, find out the dates that you are obliged pay the maintenance charge to the managing agents and specifically what you get for your money.