My partner and I have lately bought a property in Fetcham. We have noticed several problems with the house which we consider were omitted in the conveyancing searches. Do we have any recourse? What searches should? have been carried out for conveyancing in Fetcham?

The query is vague as to the nature of the problems and if they are unique to conveyancing in Fetcham. Conveyancing searches and due diligence initiated as part of the legal transfer of property are designed to help avoid problems. As part of the process, the vendor answers a form known as a SPIF. answers provided is inaccurate, you may have a misrepresentation claim 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 Fetcham.

Should my solicitor be asking questions concerning flooding during the conveyancing in Fetcham.

Flooding is a growing risk for conveyancers dealing with homes in Fetcham. There are those who buy a property in Fetcham, completely aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the property. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.

Conveyancers are not qualified to offer advice on flood risk, however there are a numerous checks that may be undertaken by the buyer or by their lawyers which will give them a better understanding of the risks in Fetcham. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the vendor to determine if the property has ever been flooded. If flooding has previously occurred and is not disclosed by the seller, then a purchaser may bring a claim for damages resulting from an inaccurate reply. A buyer’s solicitors will also conduct an environmental search. This should reveal whether there is a recorded flood risk. If so, additional investigations will need to be made.

I used Wolstenholmes several years ago for my conveyancing in Fetcham. I now require my file however cannot find the solicitor. What do I do?

You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Fetcham of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

How does conveyancing in Fetcham differ for new build properties?

Most buyers of new build property in Fetcham approach us having been asked by the builder to sign contracts and commit to the purchase even before the house is completed. This is because builders in Fetcham typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Fetcham or who has acted in the same development.

I have recently realised that I have 62 years unexpired on my flat in Fetcham. I now want to get lease extension but my freeholder is absent. What options are available to me?

On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be extended by the Court. However, you will be required to demonstrate that you have made all reasonable attempts to track down the freeholder. In some cases a specialist should be helpful to try and locate and prepare an expert document to be used as proof that the landlord can not be located. It is wise to seek advice from a property lawyer in relation to investigating the landlord’s disappearance and the application to the County Court overseeing Fetcham.

Fetcham Conveyancing for Leasehold Flats - A selection of Queries before Purchasing

Does the lease include onerous restrictions? What is the name of the managing agents? Is there a share of the freehold?