Last December we completed a house move in Gants Hill. We have since encountered a number of 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 ordered as part of conveyancing in Gants Hill?
The question is vague as to the nature of the problems and if they are relate to conveyancing in Gants Hill. Conveyancing searches and investigations undertaken as part of the buying process are supposed to help avoid problems. As part of the legal transfer of property, a seller answers a form known as a Seller’s Property Information Form. If the information provided is 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 Gants Hill.
Can you clarify what the consequences are if my solicitor is expelled from the Virgin Money Solicitor panel ahead of completing my conveyancing in Gants Hill?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
The estate agent has sent us the confirmation of our purchase of a new build flat in Gants Hill. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Gants Hill
The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Forfeiture - bankruptcy or liquidation must not apply under this provision. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Due to the advice of my in-laws I had a survey completed on a property in Gants Hill ahead of instructing lawyers. I have been told that there is a flying freehold element to the house. Our surveyor advised that some banks tend refuse to grant a loan on such a home.
It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Gants Hill. Conveyancing may be slightly more expensive based on your lender's requirements.
I have been sourcing a conveyancing solicitor in Gants Hill for my home move. Can I check a firm’s record with the legal regulator?
One can search for documented Solicitor Regulator Association (SRA) determinations resulting from inquisitions started on or after Jan 2008. Visit Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors record, telephone 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, dial +44 (0)121 329 6800. The SRA could monitor telephone calls for training requirements.