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Recently asked questions about conveyancing in Greasby

My brother and I have recently purchased a property in Greasby. We have noticed several problems with the house which we consider were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Greasby?

It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Greasby. Conveyancing searches and due diligence initiated as part of the legal transfer of property are carried out 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 proves to be inaccurate, then you may have a claim against the vendor 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 Greasby.

four months have gone by following my purchase conveyancing in Greasby took place. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £160,000. Why the discrepancy?

The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the property from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.

About to purchase a new build flat in Greasby. Conveyancing is a frightening process 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 legal work.

Here are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Greasby

    Please supply a car parking plan. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. 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.

Due to the guidance of my in-laws I had a survey completed on a house in Greasby in advance of instructing solicitors. I have been informed that there is a flying freehold element to the house. Our surveyor advised that some lenders will not issue a mortgage on a flying freehold house.

It depends who your proposed lender is. Santander has different instructions for example to Birmingham Midshires. If you contact us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Greasby. Conveyancing will be smoother if you use a solicitor in Greasby especially if they are accustomed to such properties in Greasby.

I am employed by a long established estate agent office in Greasby where we have witnessed a number of flat sales put at risk as a result of leases having less than 80 years remaining. I have received conflicting advice from local Greasby conveyancing firms. Could you clarify whether the vendor of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or at the same time as completion of the disposal of the property.

An alternative approach is to agree the lease extension with the freeholder 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.

Greasby Conveyancing for Leasehold Flats - Sample of Questions you should ask before buying

    Be sure to find out if there are any onerous prohibitions in the lease. By way of example it is reasonably common in Greasby leases that pets are not permitted in certain buildings in Greasby. If you love the apartmentin Greasby yet your dog is not allowed to live with you then you will be faced hard compromise. What is the maintenance charge and ground rent on the apartment? What is the name of the managing agents?

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Find out more about how flying freehold can affect your the value of a property.