My partner and I have recently bought a property in Idle. We have since encountered a number of issues with the property which we suspect were missed in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that should have been conducted as part of conveyancing in Idle?

It is not clear from the question as to the nature of the problems and if they are specific to conveyancing in Idle. Conveyancing searches and investigations undertaken during the legal transfer of property are supposed to help avoid problems. As part of the legal transfer of property, a seller completes a form called a SPIF. If the information ends up being misleading, 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 Idle.

At what point does exchange of contracts happen for purchase conveyancing in Idle and am I required to be at the lawyers branch?

Where you are round the corner to our conveyancing solicitors in Idle you are welcome to come in to sign documents. However, the firms we work with offer countrywide coverage for conveyancing and provide just as comprehensive and professional a job for you when communicating with you electronically. The executing of the sale agreement is not the point of no return. A signed contract is just a prerequisite for the conveyancer to exchange contracts when the time is right, which will usually be very shortly after signing. The exchange process is is usually a five minute process, although where an extended "chain" is in the mix, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Idle)to be in the office at the appropriate time.

I decided to have a survey done on a property in Idle prior to appointing solicitors. I have been informed that there is a flying freehold element to the house. My surveyor has said that some mortgage companies tend refuse to grant a mortgage on such a premises.

It varies from the lender to lender. HSBC has different instructions for example to Birmingham Midshires. If you e-mail us we can investigate further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Idle. Conveyancing will be smoother if you use a solicitor in Idle especially if they are acquainted with such properties in Idle.

My step-father has urged me to use his conveyancing solicitors in Idle. Should I find my own conveyancer?

There are no two ways about it the ideal way to select a conveyancing practitioner is to have feedback from friends or relatives who have actually used the conveyancer that you are considering.

Can you provide any advice for leasehold conveyancing in Idle from the point of view of expediting the sale process?

• A significant proportion of the delay in leasehold conveyancing in Idle can be bypassed if you appoint lawyers the minute your agents start marketing the property and ask them to put together the leasehold documentation needed by the purchasers’ solicitors.
The majority of landlords or managing agents in Idle levy fees for supplying management packs for a leasehold premises. You or your lawyers should find out the fee that they propose to charge. The management pack can be applied for on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most common reason for delay in leasehold conveyancing in Idle. In the event that you altered the property did you need the Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Idle state that internal structural changes or laying down wooden flooring calls for a licence issued by the Landlord acquiescing to such alterations. Should you fail to have the approvals to hand do not contact the landlord without contacting your conveyancer in the first instance. If you have had any disputes with your landlord or managing agents it is very important that these are resolved before the property is put on the market. The buyers and their solicitors will be concerned about purchasing a property where a dispute is ongoing. You may have to bite the bullet and discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose details of the dispute to the purchasers, but it is better to reveal the dispute as over as opposed to ongoing. You may think that you are aware of the number of years remaining on your lease but you should verify this via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is below 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your home on the market for sale.

Idle Leasehold Conveyancing - Sample of Queries before Purchasing

The answer will be useful as a) areas could result in problems for the block as the communal areas may begin to deteriorate if maintenance are not paid for b) if the leaseholders have a dispute with the running of the building you will need to have full disclosure Generally speaking the outlay for major works tend not to be wrapped into the maintenance charges, albeit that some managing agents in Idle ask leasehold owners to pay into a reserve fund and this is used to offset against major repairs or maintenance. Best to be warned if changing the roof or some other major work is coming up to be shared by the tenants and will dramatically increase the the maintenance costs or result in a one off invoice.