Last December we completed a house move in Harlow. We have since encountered a number of problems with the property which we consider were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been ordered for conveyancing in Harlow?

The question is vague as what problems have arisen and if they are specific to conveyancing in Harlow. Conveyancing searches and due diligence undertaken during the legal transfer of property are designed to help avoid problems. As part of the legal transfer of property, a property owner completes a form called a Seller’s Property Information Form. answers proves to be inaccurate, you may have a misrepresentation 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 Harlow.

I am assisting my step-mother sell her flat in Harlow. Will the conveyancer commission an energy assessment or it is for the owner to see to?

After the abolition of Home Information Packs, energy assessments remained a required element of moving house. An energy performance certificate needs to be to hand in advance of the property being advertised. This is not a task that lawyers normally organise. If you are instructing a Harlow conveyancing solicitor they might be willing to arrange energy assessments due to their contacts with long established Harlow energy assessors

Can I be sure that the Harlow conveyancing solicitor on the Santander panel is any good?

When it comes to conveyancing in Harlow seeking recommendations is a sensible start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always suggest that you speak with the solicitor handling your transaction.

I can not fathom if my mortgage offer requires a lease extension. I have called into my local Harlow building society branch on various occasions and was reassured it wasn't a problem and they would lend. My Harlow conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?

As long as the property lawyer is on the bank approved list, she or he must comply with the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.

Do commercial conveyancing searches reveal impending roadworks that may impact a commercial site in Harlow?

Its becoming the norm that commercial conveyancing solicitors in Harlow will perform a SiteSolutions Highways report as it dramatically cuts the time that conveyancers expend in sourcing accurate data on highways that impact buildings and development assets in Harlow. The report sets out definitive information on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Harlow.

For every commercial conveyancing transaction in Harlow it is critical to investigate the adoption status of roads surrounding a site. Failure to identify developments where adoption procedures have not been dealt with adequately can cause delays to Harlow commercial conveyancing transactions as well as present a risk to future intentions for the site. These searches are not carried out for residential conveyancing in Harlow.

I am buying a new build apartment in Harlow. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Here are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Harlow

There must be mutual enforceability of lessee’s covenants. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.

Due to the input of my in-laws I had a survey completed on a property in Harlow prior to appointing solicitors. I have been advised that there is a flying freehold overhang to the house. The surveyor has said that some banks may refuse to grant a loan on such a house.

It depends who your proposed lender is. Bank of Scotland has different requirements from Halifax. If you contact us we can look into this further via 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 Harlow. Conveyancing may be slightly more expensive based on your lender's requirements.