Last August we completed a house move in Dingle. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? Can you clarify the type of searches that needed to have been conducted as part of conveyancing in Dingle?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Dingle. Conveyancing searches and due diligence initiated as part of the buying process are carried out to help avoid problems. As part of the process, a property owner completes a form known as a Seller’s Property Information Form. If the information is misleading, 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 Dingle.

I need some quick conveyancing in Dingle as I am under an ultimatum to sign on the dotted line in less than one month. Thankfully I do not need a mortgage. Is it possible to escape the need for conveyancing searches to save money and time?

If.Given you are are a cash purchaser you are at liberty not to do searches although no conveyancer would suggest that you don't. Drawing on our experience of conveyancing in Dingle the following are examples of issues that can be revealed and adversely affect market value: Refused Planning Applications, Overdue Fees, Outstanding Grants, Road Schemes,...

Due to the input of my in-laws I had a survey completed on a property in Dingle prior to appointing solicitors. I have been told that there is a flying freehold element to the property. The surveyor advised that some mortgage companies may not issue a mortgage on this type of house.

It varies from the lender to lender. HSBC has different instructions for example to Halifax. If you contact us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Dingle. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Dingle to see if the conveyancing will be more expensive.

Do I need to be wary by brokers that I am dealing with are suggesting a nationwide conveyancing firm rather than a High Street Dingle conveyancing firm?

As is the case with lots of professional services, often referrals from relatives can be worth their weight in gold. Yet there are many players in a conveyancing matter; estate agents, financial adviser and lenders may put forward conveyancers to retain. On occasion these lawyers might be known to one of the organisations as being good in their field, but sometimes there might be a commercial relationship behind the recommendation. You have the discretion to select your preferred conveyancer. However, bear in mind that many lenders specify a panel list of conveyancers you must use for the lender aspect of your transaction.

I work for a reputable estate agent office in Dingle where we have witnessed a few leasehold sales jeopardised due to leases having less than 80 years remaining. I have received inconsistent advice from local Dingle conveyancing firms. Can you confirm whether the owner of a flat can commence the lease extension process for the buyer?

Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the sale.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

Dingle Leasehold Conveyancing - Sample of Queries Prior to buying

Does the lease have onerous restrictions? Can you tell me if there are any major works anticipated that could increase the maintenance costs? The prefered form of lease arrangement is where the freehold interest is in the ownership of the leaseholders. In this arrangement the leaseholders benefit from control and even though a managing agent is frequently retained if it is bigger than a house conversion, the managing agent is directed by the tenants.