My brother and I have lately purchased a house in Hope. We have since encountered a number of problems with the house which we consider were missed in the conveyancing searches. What action can we take? Can you clarify the nature of searches that needed to have been conducted as part of conveyancing in Hope?
It is not clear from the question as what problems have arisen and if they are unique to conveyancing in Hope. Conveyancing searches and investigations undertaken during the buying process are carried out to help avoid problems. As part of the process, the vendor fills in a questionnaire known as a Seller’s Property Information Form. answers turns out to be inaccurate, you could possibly take legal action 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 Hope.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The conveyancers who handled the conveyancing in Hope 5 years ago have long since closed. What do I do?
Assuming you have a registered title the details of your ownership will be retained by HMLR under a Title Number. It is possible to perform a search at the Land Registry, identify your house and secure up to date copies of the property title for less than a fiver. If the property is Leasehold then the Land Registry will also normally hold a certified duplicate of the Registered Lease and again, a copy can be ordered for twenty pounds.
Should I be wary that estate agents that I am dealing with are recommending a factory type conveyancing firm rather than a local Hope conveyancing firm?
As is the case with lots of service providers, often suggestions from family and friends can be extremely useful or valuable. But there are lots of people with a keen interest in a conveyancing matter; estate agents, financial adviser and lenders might all suggest solicitors to select. On occasion the solicitors might be known to one of the organisations as being good in their field, but sometimes there exists a commercial relationship behind the recommendation. You are at liberty to appoint your preferred conveyancer. You need to be aware that some lenders operate an approved list of conveyancers you must use for the lender aspect of your conveyancing.
What are your top tips when it comes to appointing a Hope conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a solicitor for lease extension works (regardless if they are a Hope conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Hope conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. The following questions might be helpful:
What volume of lease extensions have they carried out in Hope in the last twenty four months?
Leasehold Conveyancing in Hope - Sample of Queries Prior to buying
Be sure to enquire if the the lease includes any unreasonable restrictions in the lease. By way of example it is reasonably common in Hope leases that pets are not allowed in in a block in Hope. If you like the propertyin Hope however your dog can’t live with you then you have a very difficult compromise. How much is the ground rent and service charge? The answer will be helpful as a) areas may cause problems for the building as the communal areas may start to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to have all the details
My conveyancing solicitor in Hope has informed me that he requires personal identification documents saying that this forms part of his legal duty as a conveyancer on the lender Conveyancing panel. Can this be correct?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the bank. This is not unique to conveyancing in Hope