My wife and I have lately bought a house in Edgbaston. We have noticed several problems with the house which we suspect were missed in the conveyancing searches. What action can we take? Can you clarify the type of searches that needed to have been carried out for conveyancing in Edgbaston?
The query is not clear as what problems have arisen and if they are relate to conveyancing in Edgbaston. Conveyancing searches and due diligence undertaken as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller fills in a document known as a Seller’s Property Information Form. answers proves to be inaccurate, you could possibly take legal action 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 Edgbaston.
Why do I have to pay up front when it comes to conveyancing in Edgbaston?
If you are buying a property in Edgbaston your lawyer will ask you place them with monies to cover the search fees. Generally this is requested to cover the fees of the conveyancing searches. If any deposit is as part of the purchase price then this should be needed immediately prior to contracts are exchanged. The final balance that is due should be sent to your lawyer a couple of days prior to the day of completion.
My wife and I are close to exchanging contracts on the sale of our home in Edgbaston and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A high street Edgbaston lawyer would know that there is no such problem. It does beg the question why the buyers used a factory type conveyancing outfit as opposed to a conveyancing solicitor in Edgbaston. We have lived in Edgbaston for 5 years we know that this is a non issue. Is it a good idea to contact our local Authority to obtain clarification that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
Over the last few months I have been searching for a flat up to £195,000 and found one close by in Edgbaston I like with open areas and station nearby, the downside is that it's only got 61 remaining years left on the lease. There is not much else in Edgbaston in this price bracket, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a mortgage that many years will likely be an issue. Discount the price by the amount the lease extension will cost if not already taken into account. If the current owner has owned the property for at least 2 years you could request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the current lease and have £0 ground rent by law. You should consult your conveyancing solicitor concerning this.
My partner has suggested that I instruct his lawyers for conveyancing in Edgbaston. Do I take his guidance?
Much as we are happy to recommend a Edgbaston conveyancing lawyer the best way to find a conveyancing solicitor is to seek referrals from friends or relatives who have actually experience in using the solicitor you're are thinking of instructing.